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DOCUMENTS ILLUSTRATIVE 



OF 



AMERICAN HISTORY 



1606-1863 



WITH INTRODUCTIONS AND REFERENCES 



BY 



HOWARD W. PRESTON 






*-«-«- 






NEW YORK & LONDON 

G. P. PUTNAM'S SONS 

£De Biucfterbocfeer JHcss 

1886 



COPYRIGHT BY 

G. P. PUTNAM'S SONS. 
1 886. 



£'7H 

T^3 



Press oj 

G. P. PutnanC s Sons 

New York, 






s? 



TO 
MY FATHER. 



PREFACE. 



In his inaugural lecture at Oxford, October, 1884, Prof. 
Freeman declared that the historical professor " must 
ever bear in mind himself and ever strive to impress on 
the minds of others that the most ingenious and most 
eloquent of modern historical discourses can after all be 
nothing more than a comment on a text." A conviction 
of this truth was the incentive to this work. 

It is hoped that this presentation of a few of the more 
important documents, the original authorities and sources 
of our history, may promote in some degree a more accu- 
rate knowledge of American history. Should this hope 
be realized the editor will be well repaid. 

Howard W. Preston. 
Providence, R. I. 

February 13, 1886. 



CONTENTS. 



PAGE 

First Virginia Charter— 1606 1 

Second Virginia Charter — 1609 14 

Third Virginia Charter — 1612 22 

Mayflower Compact — 1620 29 

Ordinance for Virginia — 1621 32 

Massachusetts Charter — 1629 36 

Maryland Charter — 1632 62 

Fundamental Orders of Connecticut — 1639 78 

New England Confederation — 1643 §5 

Connecticut Charter — 1662 96 

Rhode Island Charter — 1663 no 

Pennsylvania Charter — 1681 130 

Penn's Plan of Union — 1697 146 

Georgia Charter — 1732 148 

Franklin's Plan of Union — 1754 170 

Declaration of Rights — 1765 188 

Declaration of Rights — 1774 192 

Non-Importation Agreement — 1774 199 

Virginia Bill of Rights — 1776 206 

Declaration of Independence — 1776 210 

Articles of Confederation — 1777 218 

Treaty of Peace — 1783 232 

Northwest Ordinance — 1787 240 

Constitution — 1787 251 

Alien and S editio n Laws — 1798 277 

Virginia Resolutions — 1798 283 

Kentucky Resolutions — 1798 287 

Kentucky Resolutions — 1799 295 

Nullification Ordinance — 1832 299 

Ordinance of Secession — 1860 304 

South Carolina Declaration of Independence — 1S60 305 

Emancipation Proclamation — 1863 313 

References 317 

Index of Documents 319 



DOCUMENTS ILLUSTRATIVE 

OF 

AMERICAN HISTORY. 



FIRST VIRGINIA CHARTER— 1606. 

The favorable report of the country brought 
home by the early English explorers, joined to 
English activity, led to the formation of the Vir- 
ginia Company, on a plan somewhat similar to the 
famous East India Company. In 1606 James I. 
granted the necessary charter, and in the spring of 
the following year Jamestown was founded. 

" The first written charter of a permanent 
American colony, which was to be the chosen 
abode of liberty, gave to the mercantile corpora- 
tion nothing but a desert territory, with the right 
of peopling it and defending it, and reserved to the 
monarch absolute legislative authority, the con- 
trol of all appointments, and a hope of an ultimate 
revenue. The emigrants were subjected to the 
ordinances of a commercial corporation, of which 
they could not be members ; to the dominions of 
a domestic council, in appointing which they had 
no voice ; to the control of a superior council in 

1 



2 DOCUMENTS ILLUSTRATIVE 

England, which had no sympathies with their 
rights ; and finally, to the arbitrary legislation of 
the sovereign." (Bancroft.) 

This charter is of especial interest as the first 
under which a permanent English settlement was 
planted in America. 

Consult Bancroft's U. S., isted., I., 120; Cente- 
nary ed., L, 95 ; lasted., I., 85 ; Hildreth's U. S., I., 
94; Doyle's English Colonies in America, 109; 
Bryant and Gay's U. S., I., 267 ; Cooke's Va., 16 ; 
Neil's Va. Co., 3 ; Stith's Va.; Chalmers' Political 
Annals, 12. 

THE FIRST CHARTER OF VIRGINIA— 1606. 

JAMES, by the Grace of God, King of England, Scot- 
land, France and Ireland, Defender of the Faith, etc. 
WHEREAS our loving and well-disposed Subjects, Sir 
Thomas Gates, and Sir George Somers, Knights, Richard 
Hackluit, Clerk, Prebendary of Westminster, and Edivard- 
Maria Wingfield, Thomas HanJiam, and Ralegh Gilbert, 
Esqrs. William Parker, and George Popham, Gentlemen, 
and divers others of our loving' Subjects, have been hum- 
ble Suitors unto us, that We would vouchsafe unto them 
our Licence, to make Habitation, Plantation, and to de- 
duce a colony of sundry of our People into that part of 
America commonly called VIRGINIA, and other parts and 
Territories in America, either appertaining unto us, or 
which are not now actually possessed by any Christian 
Prince or People, situate, lying, and being all along the 
Sea Coasts, between four and thirty Degrees of Northerly 
Latitude from the Equinoctial Line, and five and forty 
Degrees of the same Latitude, and in the main Land be- 
tween the same four and thirty and five and forty De- 



OF AMERICAN HIS TOR Y. 3 

grees, and the Islands thereunto adjacent, or within one 
hundred Miles of the Coast thereof ; 

And to that End, and for the more speedy Accomplish- 
ment of their said intended Plantation and Habitation 
there, are desirous to divide themselves into two several 
Colonies and Companies ; the one consisting of certain 
Knights, Gentlemen, Merchants, and other Adventurers, 
of our City of London and elsewhere, which are, and from 
time to time shall be, joined unto them, which do desire 
to begin their Plantation and Habitation in some fit and 
convenient Place, between four and thirty and one and 
forty Degrees of the said Latitude, alongst the Coasts of 
Virginia, and the Coasts of America aforesaid: And the 
other consisting of sundry Knights, Gentlemen, Mer- 
chants, and other Adventurers, of our Cities of Bristol 
and Exeter, and of our Town of Plimouth, and of other 
Places, which do join themselves unto that Colony, 
which do desire to begin their Plantation and Habitation 
in some fit and convenient Place, between eight and 
thirty Degrees and five and forty Degrees of the said 
Latitude, all alongst the said Coasts of Virginia and 
America, as that Coast lyeth : 

We, greatly commending, and graciously accepting of, 
their Desires for the Furtherance of so noble a Work, 
which may, by the Providence of Almighty God, here- 
after tend to the Glory of his Divine Majesty, in propa- 
gating of Christian Religion to such People, as yet live in 
Darkness and miserable Ignorance of the true Knowl- 
edge and Worship of God, and may in time bring the 
Infidels and Savages, living in those parts, to human 
Civility, and to a settled and quiet Government : DO, 
by these our Letters Patents, graciously accept of, and 
agree to, their humble and well-intended Desires ; 

And do therefore, for Us, our Heirs, and Successors, 
GRANT and agree, that the said Sir Thomas Gates, Sir 
George Somcrs, Richard Hackluit, and Edward-Maria 
Wiftgfield, Adventurers of and for our City of London, 



4 DOCUMENTS ILL O'STRA TIVE 

and all such others, as are, or shall be, joined unto them 
of that Colony, shall be called the first Colony ; And they 
shall and may begin their said first Plantation and Habi- 
tation, at any Place upon the said Coast of Virginia or 
America, where they shall think fit and convenient, be- 
tween the said four and thirty and one and forty De- 
grees of the said Latitude ; And that they shall have all 
the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, 
Mines, Minerals, Marshes, Waters, Fishings, Commodi- 
ties, and Hereditaments, whatsoever, from the said first 
Seat of their Plantation and Habitation by the Space of 
fifty Miles of English Statute Measure, all along the said 
Coast of Virginia and America, towards the West and 
Southwest, as the Coast lyeth, with all the Islands within 
one hundred Miles directly over against the same Sea 
Coast ; And also all the Lands, Soil, Grounds, Havens, 
Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes, 
Fishings, Commodities, and Hereditaments, whatsoever, 
from the said Place of their first Plantation and Habita- 
tion for the space of fifty like English Miles, all alongst 
the said Coasts of Virginia and America, towards the East 
and Northeast, or towards the North, as the Coast lyeth, 
together with all the Islands within one hundred Miles, 
directly over against the said Sea Coast ; And also all 
the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, 
Mines, Minerals, Marshes, Waters, Fishings, Commodi- 
ties, and Hereditaments, whatsoever, from the same fifty 
Miles every way on the Sea Coast, directly into the main 
Land by the Space of one hundred like English Miles ; 
And shall and may inhabit and remain there ; and shall 
and may also build and fortify within any the same, for 
their better Safeguard and Defence, according to their 
best Discretion, and the Discretion of the Council of 
that Colony ; And that no other of our Subjects shall be 
permitted, or suffered, to plant or inhabit behind, or on 
the Backside of them, towards the main Land, without 



OF AMERICAN HISTORY. 



5 



the Express Licence or Consent of the Council of that 
Colony, thereunto in Writing first had and obtained. 

And we do likewise, for Us, our Heirs, and Successors, 
by these Presents, Grant and agree, that the said Thomas 
Hanham, and Ralegh Gilbert, William Parker, and George 
Popham, and all others of the Town of Plimouth in the 
County of Devon, or elsewhere, which are, or shall be, 
joined unto them of that Colony, shall be called the 
second Colony ; And that they shall and may begin their 
said Plantation and Seat of their first Abode and Habi- 
tation, at any Place upon the said Coast of Virginia and 
America, where they shall think fit and convenient, be- 
tween eight and thirty Degrees of the said Latitude, and 
five and forty Degrees of the same Latitude ; And that 
they shall have all the Lands, Soils, Grounds, Havens, 
Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, 
Fishings, Commodities, and Hereditaments, whatsoever, 
from the first Seat of their Plantation and Habitation by 
the Space of fifty like English Miles, as is aforesaid, all 
alongst the said Coasts of Virginia and America, towards 
the West and Southwest, or towards the South, as the 
Coast lyeth, and all the Islands within one hundred 
Miles, directly over against the said Sea Coast ; And also 
all the Lands, Soils, Grounds, Havens, Ports, Rivers, 
Mines, Minerals, Woods, Marshes, Waters, Fishings, 
Commodities, and Hereditaments, whatsoever, from the 
said Place of their first Plantation and Habitation for 
the Space of fifty like Miles, all alongst the said Coast 
of Virginia and America, towards the East and North- 
east, or towards the North, as the Coast lyeth, and all the 
Islands also within one hundred Miles directly over 
against the same Sea Coast ; And also all the Lands, 
Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, 
Minerals, Marshes, Waters, Fishings, Commodities, and 
Hereditaments, whatsoever, from the same fifty Miles 
every way on the Sea Coast, directly into the main Land, 
by the Space of one hundred like English Miles ; And 



6 DOC U MEN TS ILL USTRA TIVE 

shall and may inhabit and remain there ; and shall and 
may also build and fortify within any the same for their 
better Safeguard, according to their best Discretion, and 
the Discretion of the Council of that Colony ; And that 
none of our Subjects shall be permitted, or suffered, to 
plant or inhabit behind, or on the back of them, towards 
the main Land, without express Licence of the Council 
of that Colony, in Writing thereunto first had and 
obtained. 

Provided always, and our Will and Pleasure herein is, 
that the Plantation and Habitation of such of the said 
Colonies, as shall last plant themselves, as aforesaid, 
shall not be made within one hundred like Englisli Miles 
of the other of them, that first began to make their Plan- 
tation, as aforesaid. 

And we do also ordain, establish, and agree, for Us, 
our Heirs, and Successors, that each of the said Colonies 
shall have a Council, which shall govern and order all 
Matters and Causes, which shall arise, grow, or happen, 
to or within the same several Colonies, according to such 
Laws, Ordinances, and Instructions, as shall be, in that 
behalf, given and signed with Our Hand or Sign Man- 
ual, and pass under the Privy Seal of our realm of Eng- 
land ; Each of which Councils shall consist of thirteen 
Persons, to be ordained, made, and removed, from time to 
time, according as shall be directed and comprised in the 
same instructions ; And shall have a several Seal, for all 
Matters that shall pass or concern the same several Coun- 
cils ; Each of which Seals, shall have the King's Arms 
engraven on the one Side thereof, and his Portraiture on 
the other; And that the Seal for the Council of the 
said first Colony shall have engraven round about, on 
the one Side, these Words ; Sigillam Regis Magna Brit- 
annia, FrancicB, & Hibcrnia ; on the other Side this 
Inscription round about ; Pro Concilio prima Colonics 
Virginia. And the Seal for the Council of the said 
second Colony shall also have engraven, round about the 



OF AMERICAN HIS TOR Y. n 

one Side thereof, the aforesaid Words ; Sigilhim Regis 
Magna* Britannia, Francia, & Hibemia ; and on the 
other Side ; Pro Concilio secunda Colonial Virginia : 

And that also there shall be a Council, established here 
in England, which shall, in like Manner, consist of thir- 
teen Persons, to be, for that Purpose, appointed by Us, 
our Heirs and Successors, which shall be called our Coun- 
cil of Virginia ; And shall, from time to time, have the 
superior Managing and Direction, only of and for all Mat- 
ters that shall or may concern the Government as well as 
of the said several Colonies, as of and for any other Part 
or Place, within the aforesaid Precincts of four and thirty 
and five and forty Degrees above mentioned ; Which 
Council shall, in like manner, have a Seal, for Matters con- 
cerning the Council or Colonies, with the like Arms and 
Portraiture, as aforesaid, with this inscription, engraven 
round about on the one Side ; Sigillum Regis Magna 
Britannia, Francia, & Hibemia ; and round about on 
the other Side, Pro Concilio suo Virginia. 

And moreover, we do Grant and agree, for Us, our 
Heirs and Successors; that the said several Councils 
of and for the said several Colonies, shall and lawfully 
may, by Virtue hereof, from time to time, without any 
Interruption of Us, our Heirs or Successors, give and 
take Order, to dig, mine, and search for all Manner of 
Mines of Gold, Silver, and Copper, as well within any 
part of their said several Colonies, as for the said main 
Lands on the Backside of the same Colonies ; And to 
Have and enjoy the Gold, Silver, and Copper, to be got- 
ten thereof, to the Use and Behoof of the same Colonies, 
and the Plantations thereof ; YIELDING therefore to Us, 
our Heirs and Successors, the fifth Part only of all the 
same Gold and Silver, and the fifteenth Part of all the 
same Copper, so to be gotten or had, as is aforesaid, with- 
out any other Manner of Profit or Account, to be given 
or yielded to Us, our Heirs, or Successors, for or in Re- 
spect of the same : 



•g DOCUMENTS ILL USTRA TIVE 

And that they shall, or lawfully may, establish and 
cause to be made a Coin, to pass current there between 
the people of those several Colonies, for the more Ease 
of Traffick and Bargaining between and amongst them 
and the Natives there, of such Metal, and in such Man- 
ner and Form, as the said several Councils there shall 
limit and appoint. 

And we do likewise, for Us, our Heirs, and Successors, 
by these Presents, give full Power and Authority to the 
said Sir Thomas Gates, Sir George Somers, Richard Hack- 
luit, Edward-Maria Wingfield, Thomas Hanham, Ralegh 
Gilbert, William Parker, and George Popham, and to 
every of them, and to the said several Companies, Plan- 
tations, and Colonies, that they, and every of them, shall 
and may, at all and every time and times hereafter, have, 
take, and lead in the said Voyage, and for and towards 
the said several Plantations, and Colonies, and to travel 
thitherward, and to abide and inhabit there, in every the 
said Colonies and Plantations, such and so many of our 
Subjects, as shall willingly accompany them or any of 
them, in the said Voyages and Plantations ; With suffi- 
cient Shipping, and Furniture of Armour, Weapons, 
Ordinance, Powder, Victual, and all other things, neces- 
sary for the said Plantations, and for their Use and De- 
fence there : Provided always, that none of the said 
Persons be such, as shall hereafter be specially restrained 
by Us, our Heirs, or Successors. 

Moreover, we do, by these Presents, for Us, our Heirs, 
and Successors Give and GRANT Licence unto the said 
Sir Thomas Gates, Sir George Somers, Richard Hacklnit, 
Edivard-Maria Wingfield, Thomas Hanham, Ralegh Gil- 
bert, William Parker, and George Popham, and to every 
of the said Colonies, that they, and every of them, shall 
and may, from time to time, and at all times forever here- 
after, for their several Defences, encounter, expulse, repel, 
and resist, as well by Sea as by Land, by all Ways and 
Means whatsoever, all and every such Person and Per- 



OF AMERICAN HIS TOR Y. g 

sons, as without the especial Licence of the said several 
Colonies and Plantations, shall attempt to inhabit within 
the said several Precincts and Limits of the said several 
Colonies and Plantations, or any of them, or that shall 
enterprise or attempt, at any time hereafter, the Hurt, 
Detriment, or Annoyance, of the said several Colonies or 
Plantations : 

Giving and granting, by these Presents, unto the said 
Sir Thomas Gates, Sir George Somers, Richard Hacklait, 
Edzvard-Maria Wing field, and their Associates of the 
said first Colony, and unto the said Thomas Hanham, 
Ralegh Gilbert, William Parker, and George Popham, and 
their Associates of the said second Colony, and to every 
of them, from time to time, and at all times for ever 
hereafter, Power and Authority to take and surprise, by 
all Ways and Means whatsoever, all and every Person 
and Persons, with their Ships, Vessels, Goods and other 
Furniture, which shall be found trafficking, into any 
Harbour or Harbours, Creek or Creeks, or Place, within 
the Limits or Precincts of the said several Colonies and 
Plantations, not being of the same Colony, until such 
time, as they, being of any Realms, or Dominions under 
our Obedience, shall pay, or agree to pay, to the Hands 
of the Treasurer of that Colony, within whose Limits 
and Precincts they shall so traffick, two and a half upon 
every Hundred, of any thing, so by them trafficked, 
bought, or sold ; And being Strangers, and not Subjects 
under our Obeysance, until they shall pay five upon 
every Hundred, of such Wares and Merchandise, as they 
shall traffick, buy, or sell, within the Precincts of the 
said several Colonies, wherein they shall so traffick, buy, 
or sell, as aforesaid ; Which Sums of Money, or Bene- 
fit, as aforesaid, for and during the Space of one and 
twenty Years, next ensuing the Date hereof, shall be 
wholly employed to the Use, Benefit, and Behoof of the 
said several Plantations, where such Traffick shall be 
made ; And after the said one and twenty Years ended, 



j o DOCUMENTS ILL USTRA TIVE 

the same shall be taken to the Use of Us, our Heirs, 
and Successors, by such Officers and Ministers as by Us, 
our Heirs, and Successors, shall be thereunto assigned or 
appointed. 

And we do further, by these Presents, for Us, our 
Heirs, and Successors, Give and grant unto the said 
Sir Thomas Gates, Sir George Somcrs, Richard Hacklait, 
and Edward-Maria Wing fie Id, and to their Associates of 
the said first Colony and Plantation, and to the said 
Thomas Hanham, Ralegh Gilbert, William Parker, and 
George Popham, and their Associates of the said second 
Colony and Plantation, that they, and every of them, by 
their Deputies, Ministers, and Factors, may transport 
the Goods, Chattels, Armour, Munition, and Furniture, 
needful to be used by them, for their said Apparel, 
Food, Defence, or otherwise in Respect of the said Plan- 
tations, out of our Realms of England and Ireland, and 
all other our Dominions, from time to time, for and dur- 
ing the Time of seven Years, next ensuing the Date 
hereof, for the better Relief of the said several Colonies 
and Plantations, without any Customs, Subsidy, or 
other Duty, unto Us, our Heirs, or Successors, to be 
yielded or payed for the same. 

Also we do, for Us, our Heirs, and Successors, De- 
clare, by these Presents, that all and every the Persons 
being our Subjects, which shall dwell and inhabit within 
every or any of the said several Colonies and Planta- 
tions, and every of their children, which shall happen to 
be born within any of the Limits and Precincts of the 
said several Colonies and Plantations, shall HAVE and 
enjoy all Liberties, Franchises, and Immunities, within 
any of our other Dominions, to all Intents and Pur- 
poses, as if they had been abiding and born, within this 
our Realm of England, or any other of our said Domin- 
ions. 

Moreover, our gracious Will and Pleasure is, and we 
do, by these Presents, for Us, our Heirs, and Successors, 



OF AMERICAN HISTOR Y. j t 

declare and set forth, that if any Person or Persons, 
which shall be of any of the said Colonies and Planta- 
tions, or any other which shall traffick to the said Col- 
onies and Plantations, or any of them, shall, at any time 
or times hereafter, transport any Wares, Merchandises, 
or Commodities, out of any of our Dominions, with a 
Pretence to land, sell, or otherwise dispose of the same, 
within any the Limits and Precincts of any of the said 
Colonies and Plantations, and yet nevertheless, being at 
Sea, or after he hath landed the same within any of the 
said Colonies and Plantations, shall carry the same into 
any other Foreign Country, with a Purpose there to 
sell or dispose of the same, without the Licence of Us, 
our Heirs, and Successors, in that Behalf first had and 
obtained ; That then, all the Goods and Chattels of 
such Person or Persons, so offending and transporting, 
together with the said Ship or Vessel, wherein such 
Transportation was made, shall be forfeited to Us, our 
Heirs, and Successors. 

Provided always, and our Will and Pleasure is, and we 
do hereby declare to all Christian Kings, Princes, and 
States, that if any Person or Persons which .hall here- 
after be of any of the said several Colonies and Planta- 
tions, or any other, by his, their, or any of their Licence 
and Appointment, shall, at any Time or Times hereafter, 
rob or spoil, by Sea or Land, or do any Act of unjust 
and unlawful Hostility to any the Subjects of Us, our 
Heirs, or Successors, or any the Subjects of any King, 
Prince, Ruler, Governor, or State, being then in League 
or Amitie with Us, our Heirs, or Successors, and that 
upon such Injury, or upon just Complaint of such Prince, 
Ruler, Governor, or State, or their Subjects, We, our 
Heirs, or Successors, shall make open Proclamation, 
within any of the Ports of our Realm of England, com- 
modious for that purpose, That the said Person or Per- 
sons, having committed any such Robbery, or Spoil, shall 
within the term to be limited by such Proclamation -, 



1 2 DOCUMENTS ILL USTRA T1VE 

make full Restitution or Satisfaction of all such Injuries 
clone, so as the said Princes, or others so complaining, 
may hold themselves fully satisfied and contented ; And, 
that if the said Person or Persons, having committed 
such Robbery or Spoil, shall not make, or cause to be 
made Satisfaction accordingly, within such Time so to 
be limited, That then it shall be lawful to Us, our Heirs, 
and Successors, to put the said Person or Persons, hav- 
ing committed such Robbery or Spoil, and their Procur- 
ers, Abettors, and Comforters, out of our Allegiance and 
Protection ; And that it shall be lawful and free, for all 
Princes, and others to pursue with hostility the said of- 
fenders, and every of them, and their and every of their 
Procurers, Aiders, abettors, and comforters, in that be- 
half. 

And finally, we do for Us, our Heirs, and Successors, 
Grant and agree, to and with the said Sir Thomas Gates, 
Sir George Somcrs, Richard Hackluit, Edward- Maria 
Wingfteld, and all others of the said first colony, that 
We, our Heirs and Successors, upon Petition in that Be- 
half to be made, shall, by Letters Patent under the 
Great Seal of England, Give and GRANT, unto such Per- 
sons, their Heirs and Assigns, as the Council of that Col- 
ony, or the most part of them, shall, for that Purpose, 
nominate and assign all the Lands, Tenements, and Her- 
editaments, which shall be within the Precincts limited 
for that Colony, as is aforesaid, To BE HOLDEN of Us, 
our Heirs and Successors, as of our Manor at East-Green- 
wichy in the County of Kent, in free and common Soc- 
cage only, and not in Capite : 

And do in like Manner, Grant and Agree, for Us, our 
Heirs and Successors, to and with the said Thomas Han- 
ham, Ralegh Gilbert, William Parker, and George Popham, 
and all others of the said second Colony, That We, our 
Heirs, and Successors, upon Petition in that Behalf to 
be made, shall, by Letters-Patent, under the Great Seal 
of England, Give and Grant, unto such Persons, their 



OF AMERICA ,V J J IS 7 OR Y. ! 3 

Heirs and Assigns, as the Council of that Colony, or the 
most Part of them, shall for that Purpose nominate and 
assign, all the Lands, Tenements, and Hereditaments, 
which shall be within the Precincts limited for that Col- 
ony, as is aforesaid, To BE HOLDEN of Us, our Heirs, 
and Successors, as of our Manor of East-Greenwich, in the 
County of Kent, in free and common Soccage only, and 
not in Capite : 

All which Lands, Tenements, and Hereditaments, so 
to be passed by the said several Letters-Patent, shall be 
sufficient Assurance from the said Patentees, so distrib- 
uted and divided amongst the Undertakers for the Plan- 
tation of the said several Colonies, and such as shall 
make their Plantations in either of the said several Col- 
onies, in such Manner and Form, and for such Estates, 
as shall be ordered and set down by the Council of the 
said Colony, or the most part of them, respectively, 
within which the same Lands, Tenements, and Hered- 
itaments shall lye or be ; Although express Mention of 
the true yearly Value or Certainty of the Premisses, or 
any of them, or of any other Gifts or Grants, by Us or 
any of our Progenitors or Predecessors, to the aforesaid 
Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard 
Hackluit, Edward-Maria Wing field, Thomas Hanham, 
Ralegh Gilbert, William Parker, and George Pop ham, or 
any of them, heretofore made, in these Presents, is not 
made ; Or any Statute, Act, Ordinance, or Provision, 
Proclamation, or Restraint, to the contrary hereof had, 
made, ordained, or any other Thing, Cause, or Matter 
whatsoever, in any wise notwithstanding. In Witness 
whereof, we have caused these our Letters to be made 
Patents ; Witness Ourself at Westminster, the tenth 
Day of April, in the fourth Year of our Reign of England, 
France, and Ireland, and of Scotland the nine and thir- 
tieth. 

LUKIN 
Per breve de privato Sigillo. 



14 DOCUMENTS ILLUSTRATIVE 



SECOND VIRGINIA CHARTER— 1609. 

In the hope of improving the wretched state of 
affairs the Virginia Company, in 1609, obtained a 
more specific charter, extending their authority and 
transferring to the company powers previously re- 
served to the king. The government now vested 
in " The Treasurer and Company of Adventurers 
and Planters of the City of London, for the first 
Colony in Virginia." The company left no means 
untried, and the general interest in the adventure 
is shown by the long list of patentees, numbering 
over 650 names, together with 59 of the London 
companies. The social standing of the patentees 
ranged from the great lords of the realm to the 
fishmongers. The Lord Mayor is said to have 
urged upon the great livery companies the neces- 
sity of aiding the enterprise, and the indefatigable 
Hakluyt published " Virginia Newly Valued," to 
excite interest in the undertaking. The charter 
was sealed May 23, 1609. 

Only the more important provisions of this 
charter are here inserted. 

THE SECOND CHARTER OF VIRGINIA— 1609. 

JAMES, by the Grace of Gocl, King of Engla?id, Scot- 
land, France, and Ireland, Defender of the Faith, &c. To 
all, to whom these Presents shall come, Greeting. 
WHEREAS, at the humble Suit and Request of sundry 



OF AMERICAN HISTORY. 



15 



our loving and well-disposed Subjects, intending to de- 
duce a Colony, and to make Habitation and Plantation 
of sundry our People in that Part of America commonly 
called VIRGINIA, and other Parts and Territories in 
America, either appertaining unto Us, or which are not 
actually possessed of any Christian Prince or People, 
within certain Bounds and Regions, We have formerly, 
by our Letters patents, bearing Date the tenth Day of 
April, in the fourth Year of our Reign of England, 
France, and Ireland, and of Scotland the nine and thirti- 
eth, Granted to Sir Thomas Gates, Sir George Somers, 
and others, for the more speedy Accomplishment of the 
said Plantation and Habitation, that they should divide 
themselves into two Colonies (the one consisting of divers 
Knights, Gentlemen, Merchants, and others, of our City 
of London, called the FIRST Colony; And the other 
consisting of divers Knights, Gentlemen, and others, of 
our Cities of Bristol, Exeter, and Town of Plimouth, and 
other Places, called the SECOND COLONY). And have 
yielded and granted many and sundry Privileges and 
Liberties to each Colony, for their quiet settling and 
good Government therein, as by the said Letters-patents 
more at large appeareth. 

Now, forasmuch as divers and sundry of our loving 
Subjects, as well Adventurers, as Planters, of the said 
first Colony, which have already engaged themselves in 
furthering the Business of the said Colony and Planta- 
tion, and do further intend, by the Assistance of Al- 
mighty God, to prosecute the same to a happy End, 
have of late been humble Suitors unto Us, that (in Re- 
spect of their great Charges and the Adventure of many 
of their Lives, which they have hazarded in the said 
Discovery and Plantation of the said Country) We would 
be pleased to grant them a further Enlargement and Ex- 
planation of the said Grant, Privileges, and Liberties, 
and that such Counsellors, and other Officers, may be 
appointed amongst them, to manage and direct their 



1 6 DOCUMENTS ILL USTRA TIVE 

affairs, as are willing and ready to adventure with them, 
as also whose Dwellings are not so far remote from the 
City of London, but they may, at convenient Times, be 
ready at Hand, to give their Advice and Assistance, 
upon all Occasions requisite. 

We greatly affecting the effectual Prosecution and 
happy success of the said Plantation, and commend- 
ing their good desires therein, for their further Encour- 
agement in accomplishing so excellent a Work, much 
pleasing to God, and profitable to our Kingdom, do of 
our especial Grace, and certain Knowledge, and mere 
Motion, for Us, our Heirs, and Successors, Give, Grant, 
and CONFIRM, to our trusty and well-beloved Subjects, 
Robert, Earl of Salisbury, (and others) .... and to 
such and so many as they do, or shall hereafter admit to 
be joined with them, in the form hereafter in these pres- 
ents expressed, whether they go in their Persons to be 
Planters there in the said Plantation, or whether they go 
not, but adventure their monies, goods, or Chatties, that 
they shall be one Body or Commonalty perpetual, and 
shall have perpetual Succession and one common Seal to 
serve for the said Body or Commonalty, and that they 
and their Successors shall be known, called, and incor- 
porated by the Name of The Treasurer and Company of 
Adventurers and Planters of the City of London, for the 
first Colony in Virginia. And that they and their Suc- 
cessors shall be from henceforth forever enabled to take, 
acquire, and purchase by the Name aforesaid (Licence for 
the same from Us, our Heirs, and Successors, first had and 
obtained) any Manner of Lands, Tenements, and Hered- 
itaments, Goods and Chatties, within our Realm of Eng- 
land, and Dominion of Wales. And that they, and their 
Successors, shall likewise be enabled by the Name afore- 
said, to plead and be impleaded, before any of our 
Judges or Justices in any of our Courts, and in any Ac- 
tions or Suits whatsoever. And we do also of our special 
Grace, certain Knowledge, and mere Motion, give, grant 



OF AMERICAN HISTORY. 



17 



and confirm, unto the said Treasurer and Company, and 
their Successors, under the Reservations, Limitations, 
and Declarations hereafter expressed, all those Lands, 
Countries, and Territories, situate, lying, and being in 
that Part of America, called Virginia, from the Point of 
Land, called Cape or Point Comfort, all along the Sea 
Coast to the Northward, two hundred miles, and from 
the said Point of Cape Comfort, all along the Sea Coast 
to the Southward, two hundred Miles, and all that Space 
and Circuit of Land, lying from the Sea Coast of the 
Precinct aforesaid, up into the Land throughout from 
Sea to Sea, West and Northwest ; And also all the 
Islands lying within one hundred Miles along the Coast 
of both Seas of the Precinct aforesaid. 

* # # * -If -X- * * * -Jfr 

And forasmuch as the good and prosperous Success 
of the said Plantation, cannot but chiefly depend next 
under the Blessing of God, and the Support of our Royal 
Authority, upon the provident and good Direction of the 
whole Enterprise, by a careful and understanding Coun- 
cil, and that it is not convenient, that all the Adventurers 
shall be so often drawn to meet and assemble, as shall be 
requisite for them to have Meetings and Conference about 
the Affairs thereof ; Therefore we DO ORDAIN, establish 
and confirm, that there shall be perpetually one COUNCIL 
here resident, according to the Tenour of our former Let- 
ters-Patents ; Which Council shall have a Seal for the 
better Government and Administration of the said Plan- 
tation, besides the legal Seal of the Company or Corpo- 
ration, as in our former Letters-Patents is also expressed. 

* * # # *- *• * * * * 
And the said Thomas Smith, We DO ORDAIN to be 

Treasurer of the said Company ; which Treasurer shall 
have Authority to give Order for the Warning of the 
Council, and summoning the Company to their Courts 
and Meetings. And the said Council and Treasurer, or 
any of them shall be from henceforth nominated, chosen,. 



! § DOCUMENTS ILL USTRA TIVE 

continued, displaced, changed, altered and supplied, as 
Death, or other several Occasions shall require, out of 
the Company of the said Adventurers, by the Voice of 
the greater part of the said Company and Adventurers, 
in their Assembly for that Purpose : Provided always, 
That every Counsellor so newly elected, shall be pre- 
sented to the Lord Chancellor of England, or to the 
Lord High Treasurer of England, or to the Lord Cham- 
berlain of the Household of Us, our Heirs and Succes- 
sors for the Time being, to take his Oath of a Counsellor 
to Us, our Heirs and Successors, for the said Company 
of Adventurers and Colony in Virginia. 

* * * # * * * # * * 

And further, of our special Grace, certain Knowledge, 
and mere Motion, for Us, our Heirs and Successors, we 
do, by these Presents, Give and Grant full Power and 
Authority to our said Council here resident, as well at 
this present time, as hereafter from time to time, to nom- 
inate, make, constitute, ordain and confirm, by such 
Name or Names, Stile or Stiles, as to them shall seem 
good, And likewise to revoke, discharge, change, and 
alter, as well all and singular Governors, Officers, and 
Ministers, which already have been made, as also which 
hereafter shall be by them thought fit and needful to be 
made or used for the Government of the said Colony and 
Plantation: And also to make, ordain, and establish all 
Manner of Orders, Laws, Directions, Instructions, Forms 
and Ceremonies of Government and Magistracy, fit and 
necessary for and concerning the Government of the 
said Colony and Plantation ; And the same, at all Times 
hereafter, to abrogate, revoke, or change, not only within 
the Precincts of the said Colony, but also upon the Seas, 
in going and coming to and from the said Colony, as they 
in their good Discretion, shall think to be fittest for the 
Good of the Adventurers and inhabitants there. 

-X- ******** * 



OF AMERICAN HIS TOR Y. l g 

AND we do further by these presents ORDAIN and 
establish, that the said Treasurer and Council here resi- 
dent, and their successors or any four of them being 
assembled (the Treasurer being one) shall from time to 
time have full Power and Authority to admit and receive 
any other Person into their Company, Corporation, and 
Freedom ; And further in a General Assembly of Adven- 
turers, with the consent of the greater part upon good 
Cause, to disfranchise and put out any Person or Persons 
out of the said Freedom or Company. 

********* 

AND forasmuch as it shall be necessary for all such our 
loving Subject as shall inhabit within the said Precincts 
of Virginia aforesaid, to determine to live together in the 
Fear and true Worship of Almighty God, Christian Peace 
and Civil Quietness each with other, whereby every one 
may with more Safety, Pleasure and Profit enjoy that 
whereunto they shall attain with great Pain and Peril ; 
We for Us, our Heires, and Successors are likewise 
pleased and contented, and by these Presents do GIVE 
and GRANT unto the said Treasurer and Company, and 
their Successors, and to such Governors, Officers, and 
Ministers, as shall be by our said Council constituted and 
appointed according to the Natures and Limits of their 
Offices and Places respectively, that they shall and may 
from Time to Time, for ever hereafter, within the said 
Precincts of Virginia, or in the way by Sea thither and 
from thence, have full and absolute Power and Authority 
to correct, punish, pardon, govern, and rule all such the 
Subjects of Us, our Heires, and Successors as shall from 
Time to Time adventure themselves in any Voyage 
thither, or that shall at any Time hereafter, inhabit in the 
Precincts and Territories of the said Colony as aforesaid, 
according to such Orders, Ordinances, Constitutions, 
Directions, and Instructions, as by our said Council as 
aforesaid, shall be established ; And in Defect thereof in 
case of Necessity, according to the good Discretion of 



20 DOCUMENTS ILLUSTRATIVE 

the said Governor and Officers respectively, as well in 
Cases capital and criminal, as civil, both Marine and 
other ; So always as the said Statutes, Ordinances and 
Proceedings as near as conveniently may be, be agreeable 
to the Laws, Statutes, Government, and Policy of this our 
Realm of England. And we do further of our special 
Grace, certain Knowledge, and mere Motion, GRANT, 
DECLARE, and ORDAIN, that such principal Governor, as 
from Time to Time shall duly and lawfully be authorized 
and appointed io Manner and Form in these Presents 
heretofore expressed, shall have full Power and Authority, 
to use and exercise Martial Law in Cases of Rebellion or 
Mutiny, in as large and ample Manner as our Lieuten- 
ants in our Counties within this our Realm of England 
have or ought to have, by Force of their Commissions of 
Lieutenancy. 

And lastly, because the principal Effect which we can 
desire or expect of this Action, is the Conversion and 
Reduction of the People in those Parts unto the true 
Worship of God and Christian Religion, in which Respect 
we should be loath that any Person should be permitted 
to pass that we suspected to affect the Superstitions of 
the Church of Rome, we do hereby DECLARE, that it is 
our Will and Pleasure that none be permitted to pass in 
any Voyage from Time to Time to be made into the said 
Country, but such as first shall have taken the Oath of 
Supremacy ; For which Purpose, we do by these Presents 
give full Power and Authority to the Treasurer for the 
Time being, and any three of the Council, to tender and 
exhibit the said Oath, to all such Persons as shall at any 
Time be sent and employed in the said Voyage. AL- 
THOUGH express Mention of true yearly Value or Cer- 
tainty of the Premisses, or any of them, or of any other 
Gifts or Grants by Us, or any of our Progenitors or Pre- 
decessors to the aforesaid Treasurer and Company here- 
tofore made in these Presents, is not made ; Or any Act, 



OF AMERICAN HISTOR Y. 2 1 

Statute, Ordinance, Provision, Proclamation, or Restraint, 
to the contrary hereof had, made, ordained, or provided, 
or any other Thing, Cause, or Matter whatsoever in any 
wise notwithstanding. In WITNESS whereof, We have 
caused these our Letters to be made Patent. Witness 
ourself at Westminster, the 23d Day of May, in the sev- 
enth Year of our Reign of England, France, and Ireland, 
and of Scotla?id the **** 

Per Ipsum REGEM. 
LUKIN. 



22 DOCUMENTS ILLUSTRATIVE 



THIRD VIRGINIA CHARTER— 1612. 

The desirability of the Bermudas was first 
brought to the notice of the Company by Sir 
Thomas Gates and his companions, who were there 
shipwrecked on their way to Virginia in 1609, and 
lived for nine months on the resources of the 
islands. As the Company's patent limited their 
possessions to islands within one hundred leagues 
of the coast, they petitioned for a new charter ex- 
tending their limits. 

More important than the acquisition of Bermu- 
da was the improvement in the government of the 
Company providing for weekly meetings. The 
Company sold its rights to the Bermudas to some 
of its own members, who obtained a charter in 16 14. 
The Third Virginia Charter was sealed March 12, 
1612. 

Of this charter, as of the second, the most essen- 
tial articles only are given 

THE THIRD CHARTER OF VIRGINIA— 161 1-12. 

JAMES, by the Grace of God, King of England, Scot- 
land, France, and Ireland, Defender or the Faith ; To all 
to whom these Presents shall come, Greeting. WHERE- 
AS at the humble Suit of divers and sundry our loving 
Subjects, as well Adventurers as Planters of the first 
Colony in Virginia, and for the Propagation of Christian 
Religion, and Reclaiming of People barbarous, to Civility 
and Humanity, We have, by our Letters-Patents, bearing 



OF A ME RICA N HIS TOR Y. 2 3 

Date at Westminster, the three-and-twentieth Day of May, 
in the seventh Year of our Reign of England, France, and 
Ireland, and the two-and-fortieth of Scotland, GIVEN and 
GRANTED unto them that they and all such and so many 
of our loving Subjects as should from time to time, for 
ever after, be joined with them as Planters or Adven- 
turers in the said Plantation, and their Successors, for 
ever, should be one Body politick, incorporated by the 
Name of The Treasurer and Company of Adventurers and 
Planters of the City of London for the first Colony in Vir- 
ginia ; And whereas also for the greater Good and Bene- 
fit of the said Company, and for the better Furtherance, 
Strengthening, and Establishing of the said Plantation, 
we did further GIVE, GRANT and CONFIRM, by our Let- 
ters-patents unto the said Company and their Successors, 
for ever, all those Lands, Countries or Territories, situate, 
lying and being in that Part of America called Virginia, 
from the Point of Land called Cape or Point Comfort all 
along the Sea Coasts to the Northward two hundred 
Miles ; and from the said Point of Cape Comfort all along 
the Sea Coast to the Southward two hundred Miles ; and 
all that Space and Circuit of Land lying from the Sea 
Coast of the Precinct aforesaid, up into the Land through- 
out from Sea to Sea West and North-West ; and also all 
the Islands lying within one hundred Miles along the 
Coast of both the Seas of the Precinct aforesaid ; with 
divers other Grants, Liberties, Franchises and Prehemi- 
nences, Privileges, Profits, Benefits, and Commodities 
granted in and by our said Letters-patents to the said 
Treasurer and Company and their Successors for ever. 
Now forasmuch as we are given to understand, that in 
those Seas adjoining to the said Coasts of Virginia, and 
without the Compass of those two hundred Miles by Us 
so granted unto the said Treasurer and Company as 
aforesaid, and yet not far distant from the said Colony in 
Virginia, there are or may be divers Islands lying deso- 
late and uninhabited, some of which are already made 



24 DOCUMENTS ILLUSTRA Tl ! 'E 

known and discovered by the Industry, Travel, and Ex- 
pences of the said Company, and others also are supposed 
to be and remain as yet unknown and undiscovered, all 
and every of which it may import the said Colony both 
in Safety and Policy of Trade to populate and plant; in 
Regard whereof, as well for the preventing of Peril, as 
for the better Commodity of the said Colony, they have 
been humble suitors unto Us, that We would be pleased 
to grant unto them an Enlargement of our said former 
Letters-patents, as well for z. more ample Extent of their 
Limits and Territories into the Seas adjoining to and 
upon the Coast of Virginia, as also for some other Mat- 
ters and Articles concerning the better government of 
the said Company and Colony, in which Point our said 
former Letters-Patents do not extend so far as Time and 
Experience hath found to be needful and convenient : 
We therefore tendering the good and happy Success of 
the said Plantation, both in Regard of the General Weal 
of human Society, as in Respect of the Good of our own 
Estate and Kingdoms, and being willing to give Further- 
ance unto all good Means that may advance the Benefit 
of the said Company, and which may secure the Safety 
of our loving Subjects planted in our said Colony, under 
the Favour and Protection of God Almighty, and of our 
Royal Power and Authority, have therefore of our especial 
Grace, certain Knowledge, and mere Motion, given, 
granted, and confirmed, and for Us, our Heirs and Suc- 
cessors, we do by these Presents give, grant, and confirm 
to the said Treasurer and Company of Adventurers and 
Planters of the city of London for the first Colony in Vir- 
ginia, and to their Heirs*and Successors for ever, all and 
singular those Islands whatsoever situate and being in 
any Part of the Ocean Seas bordering upon the Coast of 
our said first Colony in Virginia, and being within three 
Hundred Leagues of any of the Parts heretofore granted 
to the said Treasurer and Company in our said former 
Letters-Patents as aforesaid, and being within or between 



OF AMERICAN HIS TOR V. 2 $ 

the one-and-fortieth and thirtieth Degrees of Northerly 
Latitude. 

********** 

And we do hereby ordain and grant by these Presents, 
that the said Treasurer and Company of Adventurers 
and Planters aforesaid, shall and may, once every week, 
or oftener, at their Pleasure, hold, and keep a Court and 
Assembly for the better Order and Government of the 
said Plantation, and such Things as shall concern the 
same ; And that any five Persons of our Council for the 
said first Colony in Virginia, for the Time being, of 
which Company the Treasurer, or his Deputy, to be 
always one, and the Number of fifteen others, at the 
least, of the Generality of the said Company, assembled 
together in such Manner, as is and hath been heretofore 
used and accustomed, shall be said, taken, held, and 
reputed to be, and shall be a sufficient Court of the said 
Company, for the handling and ordering, and dispatch- 
ing of all such casual and particular Occurrences, and 
accidental Matters, of less Consequence and Weight, as 
shall from Time to Time happen, touching and concern- 
ing the said Plantation : And that nevertheless, for the 
handling, ordering, and disposing of Matters and Affairs 
of greater Weight and Importance, and such as shall or 
may, in any Sort, concern the Weal Publick and general 
Good of the said Company and Plantation, as namely, 
the Manner of Government from Time to Time to be 
used, the ordering and Disposing of the Lands and Pos- 
sessions, and the settling and establishing of a Trade 
there, or such like, there shall be held and kept every 
Year, upon the last Wednesday, save one, of Hillary 
Term, Easter, Trinity, and Michaelmas Terms, for ever, 
one great, general, and solemn Assembly, which four 
Assemblies shall be stiled and called, The four Great 
and General Courts of the Council and Company of 
Adventurers for Virginia ; In all and every of which said 
Great and General Courts, so assembled, our Will and 



2 6 DOCUMEN TS ILL USTRA TIVE 

Pleasure is, and we do, for Us, our Heirs and Successors,, 
for ever, Give and Grant to the said Treasurer and Com- 
pany, and their Successors for ever, by these Presents, 
that they, the said Treasurer and Company, or the 
greater Number of them, so assembled, shall and may 
have full Power and Authority, from Time to Time, 
and at all times hereafter, to elect and chuse discreet 
Persons, to be of our said Council for the said first Col- 
ony in Virginia, and to nominate and appoint such offi- 
cers as they shall think fit and requisite, for the Govern- 
ment, managing, ordering, and dispatching of the Affairs 
of the said Company ; And shall likewise have full 
Power and Authority, to ordain and make such Laws- 
and Ordinances, for the Good and Welfare of the said 
Plantation, as to them from Time to Time, shall be 
thought requisite and meet : So always, as the same be 
not contrary to the Laws and Statutes of this our Realm 
of England. 

******** 
And for the more effectual Advancing of the said 
Plantation, We do further, for Us, our Heirs, and Suc- 
cessors, of our especial Grace and favour, by Virtue of our 
Prerogative Royal, and by the Assent and Consent of 
the Lords and others of our Privy Council, Give and 
GRANT, unto the said Treasurer and Company, full 
Power and Authority, free Leave, Liberty, and Licence, 
to set forth, erect, and publish, one or more Lottery or 
Lotteries, to have Continuance, and to endure and be 
held, for the Space of our whole Year, next after the 
opening of the same ; And after the End and Expiration 
of the said Term, the said Lottery or Lotteries to con- 
tinue and be further kept, during our Will and Pleasure 
only, and not otherwise. And yet nevertheless, we are 
contented and pleased, for the Good and Welfare of the 
said Plantation, that the said Treasurer and Company 
shall, for the Dispatch and Finishing of the said Lottery 
or Lotteries, have six Months Warning after the said 



OF A MERICAN HIS TOR V. 2 y 

Year ended, before our Will and Pleasure shall, for and 
on that Behalf, be construed, deemed, and adjudged, to 
be in any wise altered and determined. And our further 
Will and Pleasure is, that the said Lottery and Lotteries 
shall and may be opened and held, within our City of 
London, or in any other City or Town, or elsewhere, 
within this our Realm of England, with such Prizes, Arti- 
cles, Conditions, and Limitations, as to them, the said 
Treasurer and Company, in their Discretions, shall seem 
convenient : And it shall and may be lawful, to and for 
the said Treasurer and Company, to elect and choose 
Receivers, Surveyors, Auditors, Commissioners, or any 
other Officers whatsoever, at their Will and Pleasure, for 
the better marshalling, disposing, guiding, and govern- 
ing, of the said Lottery and Lotteries ; And that it shall 
likewise be lawful, to and for the said Treasurer and any 
two of the said Council, to minister to all and every such 
Person, so elected and chosen for Officers, as aforesaid, 
one or more Oaths, for their good Behaviour, just and 
true Dealing, in and about the said Lottery or Lotteries, 
to the Intent and Purpose, that none of our loving Sub- 
jects, putting in their Names, or otherwise adventuring 
in the said general Lottery or Lotteries, may be, in any 
wise, defrauded and deceived of their said Monies, or 
evil and indirectly dealt withal in their said Adventures. 
And we further GRANT, in Manner and Form aforesaid, 
that it shall and may be lawful, to and for the said 
Treasurer and Company, under the Seal of our said 
Council for the Plantation, to publish, or to cause and 
procure to be published by Proclamation, or otherwise 
(the said Proclamation to be made in their Name, by 
Virtue of these Presents) the said Lottery or Lotteries, 
in all Cities, Towns, Burroughs, and other Places, 

within our said Realm of England; And we Will and 
Command all Mayors, Justices of the Peace, Sheriffs, 
Bailiffs, Constables, and other Officers and loving Sub- 
jects, whatsoever, that in no wise, they hinder or delay 



28 DOCUMENTS ILLUSTRATIVE 

the Progress and Proceedings of the said Lottery or Lot- 
teries, but be therein, touching the Premises, aiding and 
assisting, by all honest, good, and lawful Means and 
Endeavours. And further, our Will and Pleasure is, that 
in all Questions and Doubts, that shall arise, upon any 
Difficulty of Construction or Interpretation of any Thing, 
contained in these, or any other our former Letters-pat- 
ents, the same shall be taken and interpreted, in most 
ample and beneficial Manner for the said Treasurer and 
Company, and their Successors, and every Member 
thereof. And lastly, we do, by these Presents, RATIFY 
AND CONFIRM unto the said Treasurer and Company, and 
their Successors, for ever, all and all Manner of Privi- 
leges, Franchises, Liberties, Immunities, Preheminences, 
Profits, and Commodities, whatsoever, granted unto them 
in any our former Letters-patents, and not in these 
Presents revoked, altered, changed, or abridged. AL- 
THOUGH express Mention of the true Yearly Value or 
Certainty of the Premises, or any of them, or of any 
other Gift or Grant, by Us or any our Progenitors or 
Predecessors, to the aforesaid Treasurer and Company 
heretofore made in these Presents is not made ; Or any 
Statute, Act, Ordinance, Provision, Proclamation, or 
Restraint, to the contrary thereof heretofore made, 
ordained, or provided, or any other Matter, Cause, or 
Thing, whatsoever, to the contrary, in any wise, notwith- 
standing. 

In Witness whereof we have caused these our Letters 
to be made Patents. Witness Ourself, at Westminster, 
the twelfth Day of March, in the ninth Year of our 
Reign of England, France, and Ireland, and of Scotland 
the five and fortieth. 



OF AMERICAN HISTORY. 2 Q 



MAYFLOWER COMPACT— 1620. 

The need of this compact is thus set forth by 
one of the Pilgrims : " Some of the strangers 
among them had let fall from them in the ship 
that when they came ashore they would use their 
own liberty, for none had power to command 
them, the patent they had being for Virginia and 
not for New England, which belonged to another 
government, with which the Virginia Company had 
nothing to do." Bancroft lauds it in the highest 
terms : " Here was the birth of popular constitu- 
tional liberty. The middle ages had been familiar 
with charters and constitutions ; but they had been 
merely compacts for immunities, partial enfran- 
chisements, patents of nobility, concessions of mu- 
nicipal privileges, or limitations of the sovereign 
power in favor of feudal institutions. In the 
cabin of the Mayflower humanity recovered its 
rights, and instituted government on the basis of 
' equal laws,' enacted by all the people for the 
'general good.' " (For a different estimate, see 
Scott 's Development of Constitutional Liberty, p. 
84, and Crane and Moses' Politics, p. 103.) 

John Ouincy Adams regarded it as " perhaps 
the only instance in human history of the positive 
original social compact, which speculative phi- 
losophers have imagined as the only legitimate 
source of orovernment." Somewhat similar com- 



-o DOCUMENTS ILLUSTRATIVE 

pacts were drawn up by the settlers of Portsmouth, 
R. I., 1638, and Newport, 1639, and Exeter, N. H., 
1639. 

Plymouth obtained a patent for their lands from 
the New England Company, and though never suc- 
cessful in their numerous applications for a royal 
charter maintained an independent existence until 
its incorporation with Massachusetts in 1691. 

Consult Bancroft 's Hist. U. S., 1st ed. L, 309 ; 
Cen. ed. I., 143 ; lasted. I., 206 ; Hildreth 's Hist. U. 
S. y I., 158; Palfrey's Hist. New England, I., 165; 
Bryaizt and Gay's U. S., I., 388 ; Barry's Hist. 
Mass., First Period, 83 ; Webster's Plymouth Ora- 
tion, see Works ; Frothingham 's Rise of the Repub- 
lic of the U. S.,\$ ; Doyle's English Colonies, 158. 

THE MAYFLOWER COMPACT. 

In the name of God, Amen ; We, whose names are 
underwritten, the loyall subjects of our dread soveraigne 
King James, by the grace of God, of Great Britaine, 
France, and Ireland King, defender of the faith, etc., 
haveing undertaken, for the glorie of God, and advance- 
mente of the Christian faith and honor of our king and 
countrie, a voyage to plant the first colonie in the North- 
erne parts of Virginia, doe, by these presents, solemnly 
and mutually, in the presence of God, and one of another, 
covenant and combine ourselves together into a civill 
body politick, for our better ordering and preservation 
and furtherance of the ends aforesaid ; and, by vertue 
hearcof, to enacte, constitute, and frame, such just and 
equall laws, ordenances, acts, constitutions and offices, 
from time to time, as shall be thought most meete and 
convenient for the generall good of the Colonie. Unto 
which we promise all due submission and obedience. In 



OF AMERICAN HISTORY. 



31 



witnes whereof we have hereunder subscribed our names, 
at Cap Codd, the nth of November, in the year of the 
raigne of our sovereigne lord, King James, of England, 
France, and Ireland the eighteenth, and of Scotland the 
fifty-fourth, Anno Domini, 1620. 



DOCUMENTS ILLUSTRATIVE 



ORDINANCE FOR VIRGINIA— 1621. 

Sir George Yeardley, appointed by the Virginia 
Company Governor of Virginia in 161 8, received 
instructions from the treasurer of the Company 
"that the planters might have a hand in the gov- 
erning of themselves." Yeardley, accordingly, 
summoned the council of state and two burgesses 
to meet at Jamestown, July 30, 161 9. Two years 
later the Virginia Company passed the following 
ordinance, giving to the colony the guarantee of a 
written constitution. The Tory historian, Chal- 
mers, characterizes this ordinance " as no less re- 
markable for the wisdom of its provisions than for 
being the principal step in the progress of free- 
dom." 

The proceedings of the first assembly are printed 
in N. Y. Hist. Soc. Coll., 2d series, vol. III., p. 331* 
from a copy found in the Record Office in Eng- 
land. 

Consult also Bancroft's Hist. U. S., 1st ed. vol. 
I., p. 153; Centenary ed. I., 119; last ed. I., no; 
Hildreth 's U. S., I., 21 1 ; Bryant and Gay 's U. S., 
I., 306 ; Heirs Va. Co., 139; Chalmers' Political 
Annals, 43. 



OF AMERICAN HISTOR Y. 



AN ORDINANCE AND CONSTITUTION OF THE 
TREASURER, COUNCIL, AND COMPANY IN 
ENGLAND FOR A COUNCIL OF STATE AND 
GENERAL ASSEMBLY. DATED JULY 21, 
1621. 

To all People, to whom these Presents shall come, be 
seen, or heard, The Treasurer, Council, and Company of 
Adventurers and Planters for the city of London for the 
first Colony of Virginia, send Greeting. Know ye, that 
we, the said Treasurer, Council, and Company, taking 
into our careful Consideration the present State of the 
said Colony of Virginia, and intending, by the Divine 
Assistance, to settle a Form of Government there, as 
may be to the greatest Benefit and Comfort of the Peo- 
ple, and whereby all Injustice, Grievances, and Oppres- 
sion may be prevented and kept off as much as possible 
from the said Colony, have thought fit to make our En- 
trance by ordering and establishing such Supreme Coun- 
cils, as may not only be assisting to the Governor for the 
Time being, in the Administration of Justice, and the 
executing of other Duties to this Office belonging; but 
also by their vigilant Care and Prudence, may provide, as 
well for a Remedy of all Inconveniences, growing from 
time to time, as also for the advancing of Increase, 
Strength, Stability and Prosperity of the said Colony : 

We therefore, the said Treasurer, Council, and Com- 
pany, by Authority directed to us from his Majesty under 
the Great Seal, upon mature Deliberation, Do hereby 
order and declare, that, from henceforward, there shall 
be Two Supreme Councils in Virginia, for the better 
government of the Colony aforesaid. 

One of which Councils to be called the Council of 
State (and whose office shall chiefly be assisting, with 
their Care, Advice, and Circumspection, to the said 
Governor) shall be chosen, nominated, placed, and dis- 



34 



DOCUMENTS ILLUSTRA TIVE 



placed, from time to time, by us, the safd Treasurer, 
Council, and Company, and our Successors : Which 
Council of State shall consist for the present, only of 
these persons, as are here inserted, viz., Sir Francis 
Wyat, Governor of Virginia, Captain Francis West, Sir 
George Yeardley, Knight, Sir William Neuce, Knight, 
Marshal of Virginia, Mr. George Sandys, Treasurer, Mr. 
George Thorpe, Deputy of the College, Captain Thomas 
Neuce, Deputy for the Company, Mr. Pawlet, Mr. Leech, 
Captain Nathaniel Powell, Mr. Christopher Davidson, 
Secretary, Dr. Pots, Physician to the Company, Mr. 
Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. 
Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth, 
Mr. Harwood, Mr. Samuel Macock: Which said Coun- 
sellors and Council we earnestly pray and desire, and in 
his Majesty's Name strictly charge and command, that 
all Factions, Partialities, and sinister respect laid aside, 
they bend their Care and Endeavours to assist the said 
Governor ; first and principally, in the Advancement of 
the Honour and Service of God, and the Enlargement of 
his Kingdom amongst the Heathen People ; and next, in 
erecting of the said Colony in due obedience to his 
Majesty, and all lawful Authority from his Majesty's 
Directions ; and lastly, in maintaining the said People in 
Justice and Christian Conversation amongst themselves, 
and in Strength and Ability to withstand their Enemies. 
And this Council, to be always, or for the most Part, 
residing about or near the Governor. 

The other, more generally to be called by the Gov- 
ernor, once Yearly, and no oftener, but for very extraor- 
dinary and important Occasions, shall consist, for the 
present, of the said Council of State, and of two Bur- 
gesses out of every Town, Hundred, or other particular 
Plantation, to be respectively chosen by the Inhabitants: 
Which Council shall be called the General Assembly, 
wherein (as also in the said Council of State) all Matters 
shall be decided, determined, and ordered, by the greater 



OF AMERICAN HISTORY. 



35 



Part of the Voices then present; reserving to the Gov- 
ernor always a Negative Voice. And this General As- 
sembly shall have free Power to treat, consult and con- 
clude, as well of all emergent Occasions concerning the 
Public Weal of the said Colony and every Part thereof, 
as also to make, ordain, and enact such general Laws 
and Orders, for the Behoof of the said Colony, and 
the good Government thereof, as shall from time to 
time appear necessary or requisite : 

Whereas in all other Things, we require the said Gen- 
eral Assembly, as also the said Council of State, to imi- 
tate and follow the Policy of the Form of Government, 
Laws, Customs, and Manner of Trial and other Admin- 
istration of Justice, used in the Realm of England, as 
near as may be, even as ourselves, by his Majesty's Let- 
ters-patent, are required : 

Provided, that no Law or Ordinance, made in the said 
General Assembly, shall be or continue in Force or Va- 
lidity, unless the same shall be solemnly ratified and 
confirmed, in a General Quarter Court of the said Com- 
pany here in England, and so ratified, be returned to 
them under our Seal : It being our Intent to afford the 
like Measure also unto the said Colony that after the 
Government of the said Colony shall once have been 
well framed and settled accordingly, which is to be done 
by Us, as by Authority derived from his Majesty, and 
the same shall have been so by Us declared, no Orders 
of Court afterwards shall bind the said Colony, unless 
they be ratified in like Manner in the General Assem- 
blies. 

In Witness whereof we have hereunto set our Com- 
mon Seal, the 24th of July, 162 1, and in the Year of 
the Reign of our Sovereign Lord, James, King of Eng- 
land, etc., the .... and of Scotland the .... 



36 



DOCUMENTS ILLUSTJiA TIVE 



MASSACHUSETTS BAY CHARTER— 1629. 

The interest awakened by the little colony 
planted at Cape Ann in 1625 by Rev. John 
White, of Dorchester, England, led to the forma- 
tion of the company known as " The Governor 
and Company of the Massachusetts Bay in New 
England." They first obtained a patent for lands 
from the Council for New England (Mar. 14, 
1628) and then, in order to exercise power of gov- 
ernment, a charter from the king Mar. 4, 1629. 
The same year they transferred the government 
and charter to New England. As to the legality 
of this step historians and jurists have been di- 
vided. From the first there was a constant strug- 
gle on the part of the colonists to preserve the 
charter and to resist any infringement of it. The 
contest ended in the forfeiture of the charter in 
1684, and the consolidation of the northern colo- 
nies under Sir Edmund Andros. 

After the accession of William and Mary, Mas- 
sachusetts solicited the restoration of the charter, 
but instead, in 1 691, through the agency of In- 
crease Mather, a new charter was issued. But 
the old liberty was lost, for the king reserved to 
himself the appointment of the governor, lieuten- 
ant-governor, and secretary. This, together with 
the supplementary charter of 1726, remained the 
fundamental law of Massachusetts till the State 
constitution of 1780, which is still in force. 



OF AMERICAN IIISTOR Y. 37 

Consult Palfrey's Hist. N. E., I., 290; Win- 
sor's Memorial Hist. Boston, I., 87 ; Barry's Hist. 
Mass., First Period, 158 ; Bancroft's U. S., 1st ed. 
I., 242 ; Cen. ed. I., 265 ; lasted. I., 224; Bryant 
and Gay's U. S., h, 518; Chalmers' Political An- 
nals, 135. 

THE CHARTER OF MASSACHUSETTS BAY- 

1629. 

CHARLES, BY THE GRACE OF GOD, Kinge of 
England, Scotland, Fraunce, and Ireland, Defcndor of 
the Fayth, etc. To ALL to whome theis Presents shall 
come Greeting. WHEREAS, our most Deare and Royall 
Father, Kinge James, of blessed Memory, by his High- 
nes Letters-patents bearing Date at Westminster the 
third Day of November, in the eighteenth Yeare of his 
Raigne, HATH given and graunted vnto the Councell 
established at Plymouth, in the County of Devon, for 
the planting, ruling, ordering, and governing of Newe 
England in America, and to their Successors and As- 
signes for ever, all that Parte of America, lyeing and be- 
ing in Bredth, from Forty Degrees of Northerly Latitude 
from the Equinoctiall Lyne, to forty eight Degrees of 
the saide Northerly Latitude inclusively, and in Length, 
of and within all the Breadth aforesaid, throughout the 
Maine Landesfrom Sea to Sea , together also with all the 
Firme Landes, Soyles, Groundes, Havens, Portes, Rivers, 
Waters, Fishing, Mynes, and Myneralls, as well Royall 
Mynes of Gould and Silver, as other Mynes and Miner- 
alls, precious Stones, Quarries, and all and singular other 
Comodities, Jurisdiccons, Royalties, Priviledges, Fran- 
chesies, and Prehemynences, both within the said Tract 
of Land vpon the Mayne, and also within the Islandes 
and Seas adjoining: Provided alwayes, That the saide 
Islandes, or any the Premisses by the said Letters-pat- 



38 



DOCUMENTS ILLUSTRATIVE 



ents intended and meant to be graunted, were not then 
actuallie possessed or inhabited, by any other Christian 
Prince or State, nor within the Boundes, Lymitts, or 
Territories of the Southerne Colony, then before graunted 
by our saide Deare Father, to be planted by divers of 
his loveing Subjects in the South Partes. To HAVE and 
to houlde, possess, and enjoy all and singular the afore- 
said Continent, Landes, Territories, Islandes, Heredita- 
ments, and Precincts, Seas, Waters, Fishings, with all, 
and all Manner their Comodities, Royalties, Liberties, 
Prehemynences, and Proffitts that should from thence- 
forth arise from thence, with all and singuler their Ap- 
purtenances, and every Parte and Parcell thereof, vnto 
the saide Councell and their Successors and Assignes for 
ever, to the sole and proper Vse, Benefitt, and Behoofe 
of them the saide Councell, and their Successors and 
Assignes for ever: To be houlden of our saide most 
Deare and Royall Father, his Heires and Successors, 
as of his Mannor of East Greenewich in the County of 
Kent, in free and comon Soccage, and not in Capite nor 
by Knight's Service : YEILDINGE and paying therefore 
to the saide late Kinge, his Heires and Successors, the 
fifte Parte of the Oare of Gould and Silver, which should 
from tyme to tyme, and at all Tymes then after happen 
to be found, gotten, had, and obteyned in, att, or within 
any of the saide Landes, Lymitts, Territories, and Pre- 
cincts, or in or within any Parte or Parcell thereof, for 
or in Respect of all and all Manner of Duties, Demaunds 
and Services whatsoever, to be don, made, or paide to 
our saide Dear Father the late Kinge his Heires and 
Successors, as in and by the saide Letters-patents 
(amongst sundrie other Clauses, Powers, Priviledges, and 
Grauntes therein conteyned, more at large appeareth : 
AND whereas, the saide Councell established at Ply- 
mouth, in the County of Devon, for the plantinge, ruling, 
ordering, and governing of Newe England in America, 
have by their Decde, indented vnder their Comon Seale r 



OF AMERICAN HISTORY. 



39 



bearing Date the nyneteenth Day of March last past, in 
the third Yeare of our Raigne, given, graunted, bar- 
gained, soulde, enfeoffed, aliened, and confirmed to Sir 
Henry Rosewell, Sir John Young, Knightes, Thomas 
Southcott, John Humphrey, John Endecott, and Symon 
Whetcombe, their Heires and Assignes, and their Asso- 
ciats for ever, all that Parte of Newe England in America 
aforesaid, which lyes and extendes betweene a greate 
River there comonlie called Monomack alias Merriemack, 
and a certen other River there, called Charles River, 
being in the Bottome of a certayne Bay there, comonlie 
called Massachusetts, alias Mattachusetts, alias Massa- 
tusetts Bay, and also all and singuler those Landes and 
Hereditaments whatsoever, lyeing within the Space of 
three English Myles on the South Parte of the said 
Charles River, or of any, or everie Parte thereof ; and 
also, 'all and singuler the Landes and Hereditaments 
whatsoever, lyeing and being within the Space of three 
English Myles to the Southwarde of the Southermost 
Parte of the saide Bay called Massachusetts, alias Matta- 
chusetts, alias Massatusets Bay ; and also, all those 
Landes and Hereditaments whatsoever, which lye, and 
be within the space of three English Myles to the 
Northward of the said River Monomack, alias Merry- 
mack, or to the Northward of any and every Parte 
thereof, and all Landes and Hereditaments whatsoever, 
lyeing within the Lymitts aforesaide, North and South 
in Latitude and bredth, and in Length and Longitude, 
of and within all the Bredth aforesaide, throughout the 
Mayne Landes there, from the Atlantick and Westerne 
Sea and Ocean on the East Parte, to the South Sea on 
the West Parte ; and all Landes and Groundes, Place 
and Places, Soyles, Woodes and Wood Groundes, 
Havens, Portes, Rivers, Waters, Fishings, and Heredit- 
aments whatsoever, lyeing within the saide Boundes 
and Lymytts, and everie Parte and Parcell thereof ; and 
also, all Islandes lyeing in America aforesaide, in the 



40 



DOCUMENTS ILLUSTRATIVE 



saide Seas or either of them on the Westerne or East- 
ern Coastes or Partes of the said Tractes of Lande, by 
the saide Indenture mencbed to be given, graunted, 
bargained, sould, enfeoffed, aliened, and confirmed, or 
any of them ; and also, all Mynes and Myneralls, as well 
Royall Mynes of Gould and Silver, as other Mynes 
and Myneralls whatsoeuer, in the saide Lands and 
Premisses, or any Parte thereof; and all Jurisdiccons, 
Rights, Royalties, Liberties, Freedomes, Ymmunities, 
Priviledges, Franchises, Preheminences, and Cofhodities 
whatsoever, which they, the said Councell established at 
Plymouth, in the County of Devon, for the planting, rul- 
ing, ordering, and governing of Newe England in Amer- 
ica, then had, or might vse, exercise, or enjoy, in or within 
the saide Landes and Premisses by the saide Indenture 
mencbed to be given, graunted, bargained, sould, en- 
feoffed, and confirmed, or in, or within any Parte or Parcell 
thereof : To HAVE and to hould, the saide Parte of Newe 
England in America, which lyes and extendes and is abut- 
ted as aforesaide, and every Parte and Parcell thereof ; 
and all the saide Islandes, Rivers, Portes, Havens, 
Waters, Fishings, Mynes, and Myneralls, Jurisdiccons, 
Franchises, Royalties, Liberties, Priviledges, Comodities, 
Hereditaments, and Premisses whatsoever, with the Ap- 
purtenances vnto the saide Sir Henry Rosewell, Sir 
John Younge, Thomas Southcott, John Humfrey, John 
Endecott, and Simon Whetcombe, their Heires and 
Assignes, and their Associatts, to the onlie proper and 
absolute vse and Behoofe of the said Sir Henry Rose- 
well, Sir John Younge, Thomas Southcott, John Hum- 
frey, John Endecott, and Simon Whettcombe, their 
Heires and Assignes, and their Associatts forevermore ; 
To BE HOULDEN of Vs, our Heires and Successors, as of 
our Mannor of Eastgreenwich, in the County of Kent, 
in free and comon Soccage, and not in Capite, nor by 
Knightes Service ; Yeilding and payeing therefore 
vnto Vs, our Heires and Successors, the fifte Part of the 



OF AMERICAN HISTOR Y. * r 

Oare of Goulde and Silver, which from Tyme to Tyme, 
and at all Tymes hereafter, happen to be founde, got- 
ten, had, and obteyned in any of the saide Landes, 
within the saide Lymitts, or in or within any Parte 
thereof, for, and in Satisfaccon of all manner Duties, 
Demaundes, and Services whatsoever to be donn, 
made, or paid to Vs, our Heires or Successors, as in 
and by the said recited Indenture more at large maie 
appeare. Nowe Knowe Yee, that Wee, at the hum- 
ble Suite and Peticon of the saide Sir Henry Rose- 
well, Sir John Younge, Thomas Southcott, John Hum- 
frey, John Endecott, and Simon Whetcombe, and of 
others whome they have associated vnto them, Have, 
for divers good Causes and consideracons, vs move- 
ing, graunted and confirmed, and by theis Presents 
of our especiall Grace, certen Knowledge, and mere 
Mocon, doe graunt and confirme vnto the saide Sir 
Henry Rosewell, Sir John Younge, Thomas Southcott, 
John H-umfrey, John Endecott, and Simon Whet- 
combe, and to their Associatts hereafter named ; (vide- 
licet) Sir Richard Saltonstall, Knight, Isaack Johnson, 
Samuel Aldersey, John Ven, Mathew Cradock, George 
Harwood, Increase Nowell, Richard Perry, Richard 
Bellingham, Nathaniell Wright, Samuel Vassall, The- 
ophilus Eaton, Thomas Goffe, Thomas Adams, John 
Browne, Samuell Browne, Thomas Hutchins, William 
Vassall, William Pinchion, and George Foxcrofte, their 
Heires and Assignes, all the saide Parte of Newe Eng- 
land in America, lyeing and extending betweene the 
Boundes and Lymytts in the said recited Indenture ex- 
pressed, and all Landes and Groundes, Place and 
Places, Soyles, Woods and Wood Groundes, Havens, 
Portes, Rivers, Waters, Mynes, Mineralls, Jurisdiccons, 
Rightes, Royalties, Liberties, Freedomes, Immunities, 
Priviledges, Franchises, Preheminences, Hereditaments, 
and Comodities whatsoever, to them the saide Sir 
Henry Rosewell, Sir John Younge, Thomas Southcott, 



42 



DOCUMENTS ILLUSTRATIVE 



John Humfrey, John Endecott, and Simon Whetcombe, 
theire Heires and Assignes, and to their Associatts, 
by the saide recited Indenture, given, graunted, bar- 
gayned, solde, enfeoffed, aliened, and confirmed, or 
mencoed, or intended thereby to be given, graunted, 
bargayned, sold, enfeoffed, aliened, and confirmed: To 
HAVE, and to hould, the saide Parte of Newe England 
in America, and other the Premisses hereby mencoed to 
be graunted and confirmed, and every Parte and Parcell 
thereof with the Appurtennces, to the saide Sir Henry 
Rosewell, Sir John Younge, Sir Richard Saltonstall, 
Thomas Southcott, John Humfrey, John Endecott, Simon 
Whetcombe, Isaack Johnson, Richard Pery, Richard Bel- 
lingham, Nathaniell Wright, Samuell Vassall, Theophilus 
Eaton, Thomas Goffe, Thomas Adams, John Browne, Sam- 
uel Browne, Thomas Hutchins, Samuel Aldersey, John 
Ven, Mathewe Cradock, George Harwood, Increase 
Nowell, William Vassall, William Pinchion, and George 
Foxcrofte, their Heires and Assignes forever, to their onlie 
proper and absolute Vse and Behoofe for evermore ; To be 
holden of Vs, our Heires and Successors, as of our Mannor 
of Eastgreenewich aforesaid, in free and cofnon Socage, 
and not in Capite, nor by Knights Service; And ALSO 
yeilding and paying therefore to Vs, our Heires and 
Successors, the fifte parte onlie of all Oare of Gould and 
Silver, which from tyme to tyme, and att all tymes here- 
after shalbe there gotten, had, or obteyned, for all Ser- 
vices, Exaccons and Demaundes whatsoever, according 
to the Tenure and Reservacon in the said recited Inden- 
ture expressed. And FURTHER, knowe yee, that of our 
more especiall Grace, certen Knowledg, and meere 
mocon, Wee have given and graunted, and by theis 
Presents, doe for Vs, our Heires and Successors, give 
and graunte vnto the saide Sir Henry Rosewell, Sir John 
Younge, Sir Richard Saltonstall, Thomas Southcott, 
John Humfrey, John Endecott, Symon Whetcombe, 
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe 



OF AMERICAN HISTORY. 



43 



Cradock, George Harwood, Increase Nowell, Richard 
Pery, Richard Bellingham, Nathaniel Wright, Samuell 
Vassall, Theophilus Eaton, Thomas Goffe, Thomas 
Adams, John Browne, Samuell Browne, Thomas Hutch- 
ins, William Vassall, William Pinchion, George Fox- 
crofte, their Heires and Assignes, all that Parte of Newe 
England in America, which lyes and extendes betweene 
a great River there, comonlie called Monomack River, 
alias Merrimack River, and a certen other River there, 
called Charles River, being in the Bottome of a certen 
Bay there, comonlie called Massachusetts, alias Matta- 
chusetts, alias Massatusetts Bay ; and also all and sin- 
guler those Landes and Hereditaments whatsoever, 
lying within the Space of Three Englishe Myles on the 
South Parte of the said River, called Charles River, or of 
any or every Parte thereof; and also all and singuler the 
Landes and Hereditaments whatsoever, lying and being 
within the Space of Three Englishe Miles to the south- 
ward of the southermost Parte of the said Baye, called 
Massachusetts, alias Mattachusetts, alias Massatusets Bay: 
And also all those Landes and Hereditaments whatsoever, 
which lye and be within the Space of Three English Myles 
to the Northward of the saide River, called Monomack, 
alias Merrymack, or to the Norward of any and every 
Parte thereof, and all Landes and Hereditaments whatso- 
ever, lyeing within the Lymitts aforesaide, North and 
South, in Latitude and Bredth, and in Length and Longi- 
tude, of and within all the Bredth aforesaide, throughout 
the mayne Landes there, from the Atlantick and West- 
erne Sea and Ocean on the East Parte, to the South Sea 
on the West Parte ; and all Landes and Groundes, Place 
and Places, Soyles, Woodes, and Wood Groundes, 
Havens, Portes, Rivers, Waters, and Hereditaments 
whatsoever, lyeing within the said Boundesand Lymytts, 
and every Parte and Parcell thereof ; and also all 
Islandes in America aforesaide, in the saide Seas, or either 
of them, on the Westerne or Easterne Coastes, or Partes 



aa DOCUMENTS ILL US TRA Tl I K 

of the saide Tracts of Landes hereby mencoed to be 
given and graunted, or any of them ; and all Mynes and 
Mynerals whatsoever, in the said Landes and Premisses, 
or any parte thereof, and free Libertie of fishing in or 
within any the Rivers or Waters within the Boundes 
and Lymytts aforesaid, and the Seas therevnto adjoin- 
ing; and all Fishes, Royal Fishes, Whales, Balan, Stur- 
geons, and other Fishes of what Kinde or Nature soever, 
that shall at any time hereafter be taken in or within 
the saide Seas or Waters, or any of them, by the said 
Sir Henry Rosewell, Sir John Younge, Sir Richard Sal- 
tonstall, Thomas Southcott, John Humfrey, John Ende- 
cott, Simon Whetcombe, Isaack Johnson, Samuell Alder- 
sey, John Ven, Mathewe Cradock, George Harwood, 
Increase Noell, Richard Pery, Richard Bellingham, 
Nathaniell Wright, Samuell Vassell, Theophilus Eaton, 
Thomas Goffe, Thomas Adams, John Browne, Samuell 
Browne, Thomas Hutchins, William Vassall, William 
Pinchion, and George Foxcrofte, their Heires and As- 
signes, or by any other person or persons whatsoever 
there inhabiting, by them, or any of them, to be 
appointed to fishe therein. PROVIDED alwayes, That 
yf the said Landes, Islandes, or any other the Premisses 
herein before menooned, and by theis presents, intended 
and meant to be graunted, were at the tyme of the 
graunting of the saide former Letters patents, dated the 
Third Day of November, in the Eighteenth Yeare of 
our said deare Fathers Raigne aforesaide, actuallie pos- 
sessed or inhabited by any other Christian Prince or 
State, or were within the Boundes, Lymytts or Territories 
of that Southerne Colony, then before graunted by our 
said late Father, to be planted by divers of his loveing 
Subiects in the south partes of America, That then this 
present Graunt shall not extend to any such partes or 
parcells thereof, soe formerly inhabited, or lyeing within 
the Boundes of the Southerne Plantacon as aforesaide, 
but as to those partes or parcells soe possessed or inhab- 



OF AMERICAN HISTORY. 



45 



ited by such Christian Prince or State, or being within 
the Bounders aforesaide shal be vtterlie voyd, theis pres- 
ents or any Thinge therein conteyned to the contrarie 
notwithstanding. To HAVE and hould, possesse and 
enioy the saide partes of New England in America, 
which lye, extend, and are abutted as aforesaide, and 
every parte and parcell thereof : and all the Islandes, 
Rivers, Portes, Havens, Waters, Fishings, Fishes, 
Mynes, Myneralls, Jurisdictions, Franchises, Royalties, 
Liberties, Priviledges, Comodities, and Premisses what- 
soever, with the Appurtenances, vnto the said Sir Henry 
Rosewell, Sir John Younge, Sir Richard Saltonstall, 
Thomas Southcott, John Humfrey, John Endecott, Si- 
mon Whetcombe, Isaack Johnson, Samuell Aldersey, 
John Ven, Mathewe Cradock, George Harwood, Increase 
Nowell, Richard Perry, Richard Bellingham, Nathaniell 
Wright, Samuell Vassall, Theophilus Eaton, Thomas 
Goffe, Thomas Adams, John Browne, Samuell Browne, 
Thomas Hutchins, William Vassall, William Pinchion, 
and George Foxcroft, their Heires and Assignes for- 
ever, to the onlie proper and absolute Vse and Behoufe 
of the said Sir Henry Rosewell, Sir John Younge, Sir 
Richard Saltonstall, Thomas Southcott, John Humfrey, 
John Endecott, Simon Whetcombe, Isaac Johnson, Sam- 
uell Aldersey, John Ven, Mathewe Cradocke, George 
Harwood, Increase Nowell, Richard Pery, Richard Bel- 
lingham, Nathaniell Wright, Samuell Vassall, Theophilus 
Eaton, Thomas Goffe, Thomas Adams, John Browne, 
Samuell Browne, Thomas Hutchins, William Vassall, 
William Pinchion, and George Foxcroft, their Heires and 
Assignes forevermore : To BE HOLDEN of Vs, our Heires 
and Successors, as of our Manor of Eastgreenwich in our 
Countie of Kent, within our Rcalme of England, in free 
and comon Soccage, and not in Capite, nor by Knights 
Service ; and also yeilding and paying therefore, to Vs, 
our Heires and Successors, the fifte Parte onlie of all 
Oare of Gould and Silver, which from tyme to tyme, and 



4 6 



DOCUMENTS ILLUSTRATIVE 



at all tymes hereafter, shal be there gotten, had, or ob- 
teyned, for all Services, Exaccons, and Demaundes what- 
soever; Provided alwaies, and our expresse Will and 
Meaninge is, that onlie one fifte Parte of the Gould and 
Silver Oare above mencoed, in the whole, and noe more 
be reserved or payeable vnto Vs, our Heires and Succes- 
sors, by Collour or Vertue of theis Presents, the double 
Reservacons or recitalls aforesaid or any Thing herein 
conteyned notwithstanding. And FORASMUCH, as the 
good and prosperous Successe of the Plantacon of the 
saide Partes of Newe-England aforesaide intended by the 
said Sir Henry Rosewell, Sir John Younge, Sir Richard 
Saltonstall, Thomas Southcott, John Humfrey, John 
Endecott, Simon Whetcombe, Isaack Johnson, Samuell 
Aldersey, John Ven, Mathew Cradock, George Harwood, 
Increase Noell, Richard Pery, Richard Bellingham, Na- 
thaniel! Wright, Samuell Vassall, Theophilus Eaton, 
Thomas Goffe, Thomas Adams, John Browne, Samuell 
Browne, Thomas Hutchins, William Vassall, William Pin- 
chion, and George Foxcrofte, to be speedily sett vpon, 
cannot but cheifly depend, next vnder the Blessing of Al- 
mightie God, and the support of our Royall Authoritie 
vpon the good Government of the same, To the Ende that 
the Affaires and Buyssinesses which from tyme to tyme 
shall happen and arise concerning the saide Landes, and 
the Plantation of the same maie be the better mannaged 
and ordered, Wee HAVE FURTHER hereby of our es- 
pecial Grace, certain Knowledge and mere Mocbn, Given, 
graunted and confirmed, and for Vs, our Heires and Suc- 
cessors, doe give, graunt, and confirme vnto our said 
trustie and welbeloved subiects Sir Henry Rosewell, Sir 
John Younge, Sir Richard Saltonstall, Thomas South- 
cott, John Humfrey, John Endicott, Simon Whetcombe, 
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe 
Cradock, George Harwood, Increase Nowell, Richard 
Pery, Richard Bellingham, Nathaniell Wright, Samuell 
Vassall, Theophilus Eaton, Thomas Goffe, Thomas 



OF AMERICAN HISTORY. 



47 



Adams, John Browne, Samuell Browne, Thomas Hutch- 
ins, William Vassall, William Pinchion, and George Fox- 
crofte : And for Vs, our Heires and Successors, Wee will 
and ordeyne, That the saide Sir Henry Rosewell, Sir 
John Young, Sir Richard Saltonstall, Thomas Southcott, 
John Humfrey, John Endicott, Symon Whetcombe, 
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe 
Cradock, George Harwood, Increase Noell, Richard Pery, 
Richard Bellingham, Nathaniell Wright, Samuell Vassall, 
Theophilus Eaton, Thomas Goffe, Thomas Adams, John 
Browne, Samuell Browne, Thomas Hutchins, William 
Vassall, William Pinchion, and George Foxcrofte, and all 
such others as shall hereafter be admitted and made free 
of the Company and Society hereafter mencoed, shall 
from tyme to tyme, and att all tymes forever hereafter 
be, by Vertue of theis presents, one Body corporate and 
politique in Fact and Name, by the Name of the Gov- 
ernor and Company of the Mattachusetts Bay in Newe- 
England, and them by the Name of the Governour and 
Company of the Mattachusetts Bay in Newe-England, 
one Bodie politique and corporate, in Deede, Fact, and 
Name ; Wee doe for vs, our Heires and Successors, make, 
ordeyne, constitute, and confirme by theis Presents, and 
that by that name they shall have perpetuall Succession, 
and that by the same Name they and their Successors 
shall and maie be capeable and enabled aswell to im- 
plead, and to be impleaded, and to prosecute, demaund, 
and aunswere, and be aunswered vnto, in all and singuler 
Suites, Causes, Quarrells, and Accons, of what kinde or 
nature soever. And also to have, take, possesse, acquire, 
and purchase any Landes, Tenements, or Hereditaments, 
or any Goodes or Chattells. and the same to lease, 
graunte, demise, alien, bargaine, sell, and dispose of, as 
other our liege People of this our Realme of England, or 
any other corporacon or Body politique of the same may 
lawfully doe. And FURTHER, That the said Governour 
and Companye, and their Successors, maie have forever 



48 DOCUMENTS ILL USTRA T1VE 

one comon Seale, to be vsed in all Causes and Occasions 
of the said Company, and the same Seale may alter, 
chaunge, breake, and newe make, from tyme to tyme, at 
their pleasures. And our Will and Pleasure is, and Wee 
doe hereby for Vs, our Heires and Successors, ordeyne 
and graunte, That from henceforth for ever, there shalbe 
one Governor, one Deputy Governor, and eighteene As- 
sistants of the same Company, to be from tyme to tyme 
constituted, elected and chosen out of the Freemen of 
the saide Company, for the tyme being, in such Manner 
and Forme as hereafter in theis Presents is expressed, 
which said Officers shall applie themselves to take Care 
for the best disposeing and ordering of the generall buy- 
sines and Affaires of, for, and concerning the said Landes 
and Premisses hereby mencbed, to be graunted, and the 
Plantacion thereof, and the Government of the People 
there. And for the better Execucon of our Royall Pleas- 
ure and Graunte in this Behalf, Wee doe, by theis pres- 
ents, for Vs, our Heires and Successors, nominate, or- 
deyne, make, & constitute, our welbeloved the saide 
Mathewe Cradocke, to be the first and present Governor 
of the said Company, and the saide Thomas Goffe, to be 
Deputy Governor of the saide Company, and the saide 
Sir Richard Saltonstall, Isaack Johnson, Samuell Alder- 
sey, John Ven, John Humfrey, John Endecott, Simon 
Whetcombe, Increase Noell, Richard Pery, Nathaniell 
Wright, Samuell Vassall, Theophilus Eaton, Thomas 
Adams, Thomas Hutchins, John Browne, George Fox- 
crofte, William Vassall, and William Pinchion, to be the 
present Assistants of the saide Company, to continue in 
the saide several Offices respectivelie for such tyme, and 
in such manner, as in and by theis Presents is hereafter 
declared and appointed. And FURTHER, Wee will, and 
by theis Presents, for Vs, our Heires and Successors, doe 
ordeyne and graunte, That the Governor of the saide 
Company for the tyme being, or in his Absence by Occa- 
sion of Sicknes or otherwise, the Deputie Governor for 



OF AMERICAN HISTORY. 



49 



the tyme being, shall have Authoritie from tyme to 
tyme vpon all Occasions, to give order for the assembling 
of the saide Company, and calling them together to con- 
sult and advise of the Bussinesses and Affaires of the 
saide Company, and that the said Governor, Deputie 
Governor, and Assistants of the saide Company, for the 
tyme being, shall or maie once every Moneth, or oftener 
at their Pleasures, assemble and houlde and keepe a 
Courte or Assemblie of themselves, for the better order- 
ing and directing of their Affaires, and that any seaven 
or more persons of the Assistants, togither with the 
Governor, or Deputie Governor soe assembled, shalbe 
saide, taken, held, and reputed to be, and shalbe a full 
and sufficient Courte or Assemblie of the said Company, 
for the handling, ordering, and dispatching of all such 
Buysinesses and Occurrents as shall from tyme to tyme 
happen, touching or concerning the said Company or 
Plantacon ; and that there shall or maie be held and kept 
by the Governor, or Deputie Governor of the said Com- 
pany, and seaven or more of the said Assistants for the 
tyme being, vpon every last Wednesday in Hillary, 
Easter, Trinity, and Michas Termes respectivelie forever, 
one greate generall and solempe assemblie, which foure 
generall assemblies shalbe stiled and called the foure 
greate and generall Courts of the saide Company ; In all 
and every, or any of which saide greate and generall 
Courts soe assembled, Wee DOE for Vs, our Heires and 
Successors, give and graunte to the said Governor and 
Company, and their Successors, That the Governor, or in 
his absence, the Deputie Governor of the saide Company 
for the tyme being, and such of the Assistants and Free- 
men of the saide Company as shalbe present, or the 
greater nomber of them so assembled, whereof the Gov- 
ernor or Deputie Governor and six of the Assistants at 
the least to be seaven, shall have full Power and author- 
itie to choose, nominate, and appointe, such and soe 
many others as they shall thinke fitt, and that shall be 

4 



50 



DOCUMENTS ILLUSTRATIVE 



willing to accept the same, to be free of the said Com- 
pany and Body, and them into the same to admitt ; and 
to elect and constitute such Officers as they shall thinke 
fitt and requisite, for the ordering, mannaging, and dis- 
patching of the Affaires of the saide Govenor and Com- 
pany, and their Successors ; And to make Lawes and 
Ordinnces for the Good and Welfare of the saide Com- 
pany, and for the Government and ordering of the saide 
Landes and Plantacon, and the People inhabiting and to 
inhabite the same, as to them from tyme to tyme shalbe 
thought meete, soe as such Lawes and Ordinances be not 
contrarie or repugnant to the Lawes and Statuts of this 
our Realme of England. And, our Will nd Pleasure is, 
and Wee doe hereby for Vs, our Heires and Successors, 
establish and ordeyne, That yearely once in the yeare, 
for ever hereafter, namely, the last Wednesday in Easter 
Tearme, yearely, the Governor, Deputy-Governor, and 
Assistants of the saide Company and all other officers of 
the saide Company shalbe in the Generall Court or 
Assembly to be held for that Day or Tyme, newly chosen 
for the Yeare ensueing by such greater parte of the saide 
Company, for the Tyme being, then and there present, 
as is aforesaide. And, yf it shall happen the present 
governor, Deputy Governor, and assistants, by theis 
presents appointed, or such as shall hereafter be newly 
chosen into their Roomes, or any of them, or any other 
of the officers to be appointed for the said Company, to 
dye, or to be removed from his or their severall Offices 
or Places before the saide generall Day of Eleccon 
(whome Wee doe hereby declare for any Misdemeanor 
or Defect to be removeable by the Governor, Deputie 
Governor, Assistants, and Company, or such greater 
Parte of them in any of the publique Courts to be assem- 
bled as is aforesaid) That then, and in ever)- such Case, it 
shall and maie be lawfull, to and for the Governor, Dep- 
utie Governor, Assistants, and Company aforesaide, or 
such greater Parte of them soe to be assembled as is 



OF AMERICAN HISTOR Y. * r 

aforesaide, in any of their Assemblies, to proceade to 
a new Eleccon of one or more others of their Company 
in the Roome or Place, Roomes or Places of such Of- 
ficer or Officers soe dyeing or removed according to 
their Discrecons, And, ymediately vpon and after 
such Eleccon and Elecebns made of such Governor, 
Deputie Governor, Assistant or Assistants, or any other 
officer of the saide Company, in Manner and Forme 
aforesaid, the Authoritie, Office, and Power, before 
given to the former Governor, Deputie Governor, or 
other Officer and Officers soe removed, in whose Steade 
and Place newe shalbe soe chosen, shall as to him and 
them, and everie of them, cease and determine. PROVI- 
DED alsoe, and our Will and Pleasure is, That aswell 
such as are by theis Presents appointed to be the pres- 
ent Governor, Deputie Governor, and Assistants of the 
said Company, as those that shall succeed them, and 
all other Officers to be appointed and chosen as afore- 
said, shall, before they vndertake the Execucon of their 
saide Offices and Places respectivelie, take their Cor- 
poral Oathes for the due and faithfull Performance of 
their Duties in their severall Offices and Places, before 
such Person or Persons as are by theis Presents herevn- 
der appointed to take and receive the same ; That is to 
saie, the saide Mathewe Cradock, whoe is hereby nomi- 
nated and appointed the present Governor of the saide 
Company, shall take the saide Oathes before one or 
more of the Masters of our Courte of Chauncery for the 
Tyme being, vnto which Master or Masters of the 
Chauncery, Wee doe by theis Presents give full Power 
and Authoritie to take and administer the said Oathe 
to the said Governor accordinglie : And after the saide 
Governor shalbe soe sworne, then the said Deputy Gov- 
ernor and Assistants, before by theis Presents nominated 
and appointed, shall take the said severall Oathes to 
their Offices and Places respectivelie belonging, before 
the said Mathew Cradock, the present Governor, soe 



52 



DOCUMENTS ILLUSTRATIVE 



formerlie sworne as aforesaide. And every such Person 
as shallbe at the Tyme of the annuall Eleccon, or other- 
wise, vpon Death or Removeall, be appointed to be the 
newe Governor of the said Company, shall take the 
Oathes to that Place belonging, before the Deputy Gov- 
ernor, or two of the Assistants of the said Company at the 
least, for the Tyme being: And the newe elected Dep- 
utie Governor and Assistants, and all other officers to be 
hereafter chosen as aforesaide from Tyme to Tyme, to 
take the Oathes to their places respectivelie belonging, 
before the Governor of the said Company for the Tyme 
being, vnto which said Governor, Deputie Governor, 
and assistants, Wee doe by theis Presents give full 
Power and Authoritie to give and administer the said 
Oathes respectively, according to our true Meaning 
herein before declared, without any Comission or further 
Warrant to be had and obteyned of of Vs, our Heires or 
Successors, in that Behalf. And, Wee doe further, of 
our especial Grace, certen Knowledge, and meere mocon, 
for Vs, our Heires and Successors, give and graunte to 
the said Governor and Company, and their Successors 
for i ever by theis Presents, That it shalbe lawfull and 
free for them and their Assignes, at all and every Tyme 
and Tymes hereafter, out of any our Realmes or Domyn- 
ions whatsoever, to take, leade, carry, and transport, 
for in and into their Voyages, and for and towardes the 
said Plantacon in Newe England, all such and soe many 
of our loving Subjects, or any other strangers that will 
become our loving Subjects, and live under our Alle- 
giance, as shall willinglie accompany them in the same 
Voyages and Plantacon ; and also Shipping, Armour, 
Weapons, Ordinance, Municon, Powder, Shott, Corne r 
Victualls, and all Manner of Clothing, Implements, 
Furniture, Beastes, Cattle, Horses, Mares, Marchandizes, 
and all other Thinges necessarie for the saide Plantacon, 
and for their Vse and Defence, and for Trade with the 
People there, and in passing and returning to and fro, 



OF AMERICAN HISTORY. 



53 



any Lawe or Statute to the contrarie hereof in any wise 
notwithstanding ; and without payeing or yeilding any 
Custome or Subsidie, either inward or outward, to Vs, 
our Heires or Successors, for the same, by the Space of 
seaven Yeares from the Day of the Date of theis Pres- 
ents. Provided, that none of the saide Persons be 
such as shalbe hereafter by especiall Name restrayned 
by Vs, our Heires or Successors. And, for their further 
Encouragement, of our especiall Grace and Favor, Wee 
doe by theis Presents, for Vs, our Heires and Successors, 
yeild and graunt to the saide Governor and Company, 
and their Successors, and every of them, their Factors 
and Assignes, That they and every of them shalbe free 
and quitt from all Taxes, Subsidies, and Customes, in 
Newe England, for the like Space of seaven Yeares, 
and from all Taxes and Imposicons for the Space of 
twenty and one Yeares, vpon all Goodes and Merchan- 
dizes at any Tyme or Tymes hereafter, either vpon Im- 
portacon thither, or Exportacbn from thence into our 
Realme of England, or into any other our Domynions 
by the said Governor and Company, and their Successors, 
their Deputies, Factors, and Assignes, or any of them ; 
EXCEPT onlie the five Pounds per Centum due for Cus- 
tome vpon all such Goodes and Merchandizes as after 
the saide seaven Yeares shalbe expired, shalbe brought 
or imported into our Realme of England, or any other 
of our Dominions, according to the auncient Trade of 
Merchants, which five Poundes per Centum onlie being 
paide, it shall be thenceforth lawfull and free for the 
said Adventurers, the same Goodes and Merchandizes 
to export and carry out of our said Domynions into 
forraine Partes, without any Custome, Tax, or other 
Dutie to be paid to Vs, our Heires or Successors, or to 
any other Officers or Ministers of Vs, our Heires and 
Successors. Provided, that the said Goodes and Mer- 
chandizes be shipped out within thirteene Monethes, 
after their first Landing within any Parte of the saide 



54 



DOCUMENTS ILLUSTRATIVE 



Domynions. And, Wee doe for Vs, our Heires and 
Successors, give and graunte vnto the saide Governor 
and Company, and their Successors, That whensoever, 
or soe often as any Custome or Subsedie shall growe due 
or payeable vnto Vs, our Heires, or Successors, accord- 
ing to the Lymittacon and Appointment aforesaide, by 
Reason of any Goodes, Wares, or Merchandizes to be 
shipped out, or any Retorne to be made of any Goodes, 
Wares, or Merchandize vnto or from the said Partes of 
Newe England hereby mencoed to be graunted as afore- 
saide, or any the Landes or Territories aforesaide, That 
then, and soe often, and in such Case, the Farmors, Cus- 
tomers, and Officers of our Customes of England and Ire- 
land, and everie of them for the Tyme being, vpon Request 
made to them by the saide Governor and Company, or 
their Successors, Factors, or Assignes, and vpon convenient 
Security to be given in that Behalf, shall give and allowe 
vnto the said Governor and Company, and their Suc- 
cessors, and to all and everie Person and Persons free of 
that Company, as aforesaide, six Monethes Tyme for 
the Payement of the one halfe of all such Custome and 
Subsidy as shalbe due and payeable unto Vs, our Heires 
and Successors, for the same ; for which theis our Letters 
patents, or the Duplicate, or the inrollem* thereof, shalbe 
vnto our saide Officers a sufficient Warrant and Dis- 
charge. NEVERTHELES, our Will and Pleasure is, That 
yf any of the saide Goodes, Wares, and Merchandize, 
which be, or shalbe at any Tyme hereafter landed or ex- 
ported out of any of our Realmes aforesaide, and shalbe 
shipped with a Purpose not to be carried to the Partes 
of Newe England aforesaide, but to some other place, 
That then such Payment, Dutie, Custome, Imposicon, 
or Forfeyture shalbe paid, or belonge to Vs, our Heires 
and Successors, for the said Goodes, Wares, and Mer- 
chandize, soe fraudulently sought to be transported, as 
yf this our Graunte had not been made nor graunted. 
AND, Wee doe further will, and by theis Presents, for Vs r 



OF AMERICAN HISTORY. 



55 



our Heires and Successors, firmlie enioine and comaunde, 
as well the Treasorer, Chauncellor and Barons of the 
Exchequer, of Vs, our Heires and Successors, as also 
all and singuler the Customers, Farmors, and Collectors 
of the Customes, Subsidies, and Imposts, and other the 
Officers and Ministers of Vs, our Heires, and Successors 
whatsoever, for the Tyme Being, That they and every of 
them, vpon the shewing forth vnto them of theis Letters 
patents, or the Duplicate or exemplificacon of the same, 
without any other Writt or Warrant whatsoever from Vs, 
our Heires or Successors, to be obteyned or sued forth, doe 
and shall make full, whole, entire, and due Allowance, 
and cleare Discharge vnto the saide Governor and Com- 
pany, and their Successors, of all Customes, Subsidies, 
Inposicons, Taxes and Duties whatsoever, that shall or 
maie be claymed by Vs, our Heires and Successors, of 
or from the said Governor and Company, and their Suc- 
cessors, for or by Reason of the said Goodes, Chattels, 
Wares, Merchandizes, and Premises to be exported out 
of our saide Domynions, or any of them, into any parte 
of the saide Landes or Premises hereby mencoed, to be 
given, graunted, and confirmed, or for, or by Reason of 
any of the saide Goodes, Chattells, Wares, or Merchan- 
dizes, to be imported from the said Landes and Premises 
hereby mencoed, to be given, graunted, and confirmed 
into any of our saide Dominions, or any Parte there- 
of as aforesaide, excepting onlie the saide five 
Poundes per Centum hereby reserved and payeable 
after the Expiracbn of the saide Terme of seaven 
Yeares as aforesaid, and not before : And theis our Let- 
ters-patents, or the Inrollment, Duplicate, or Exemplifi- 
cacon of the same shalbe for ever hereafter, from time 
to tyme, as well to the Treasorer, Chauncellor and 
Barons of the Exchequer of Vs, our Heires and Succes- 
sors, as to all and singuler the Customers, Farmors, and 
Collectors of the Customes, Subsidies, and Imposts of Vs, 
our Heires and Successors, and all Searchers, and other 



56 



DOCUMEN TS ILL US TRA TIVE 



the Officers and Ministers whatsoever of Vs, our Heires 
and Successors, for the Time being, a sufficient Warrant 
and Discharge in this Behalf. And, further our Will and 
Pleasure is, and Wee doe hereby for Vs, our Heires and 
Successors, ordeyneand declare, and graunte to the saide 
Governor and Company, and their Successors, That all 
and every the Subiects of Vs, our Heires or Successors, 
which shall goe to and inhabite within the saide Landes 
and Premisses hereby mencbed to be graunted, and every 
of their Children which shall happen to be borne there, 
or on the Seas in goeing thither, or retorning from 
thence, shall have and enjoy all liberties and Immunities 
of free and naturall Subiects within any of the Domynions 
of Vs, our Heires or Successors, to all Intents, Construc- 
cons, and Purposes whatsoever, as yf they and everie of 
them were borne within the Realme of England. And 
that the Governor and Deputie Governor of the said 
Company for the Tyme being, or either of them, and any 
two or more of such of the saide Assistants as shalbe 
therevnto appointed by the saide Governor and Company 
at any of their Courts or Assemblies to be held as afore- 
saide, shall and maie at all Tymes, and from tyme to tyme 
hereafter, have full Power and Authoritie to minister and 
give the Oathe and Oathes of Supremacie and Allegiance, 
or either of them, to all and everie Person and Persons, 
which shall at any Tyme or Tymes hereafter goe or 
passe to the Landes and Premisses hereby mencoed to be 
graunted to inhabite in the same. And, Wee doe of our 
further Grace, certen Knowledg and meere Mocbn, give 
and graunte to the saide Governor and Company, and 
their Successors, That it shall and maie be lawfull, to 
and for the Governor or Deputie Governor, and such of 
the Assistants and Freemen of the said Company for 
the Tyme being as shalbe assembled in any of their 
generall Courts aforesaide, or in any other Courtes to be 
specially sumoned and assembled for that Purpose, or 
the greater Parte of them (whereof the Governor or Dep- 



OF AMERICAN HISTORY. 



57 



utie Governor, and six of the Assistants to be alwaies 
seaven) from tyme to tyme, to make, ordeine, and estab- 
lishe all Manner of wholesome and reasonable Orders, 
Lawes, Statutes, and Ordinnces, Direccons, and Instruc- 
cons, not contrarie to the Lawes of this our Realme of 
England, aswell for setling of the Formes and Ceremo- 
nies of Governm* and Magistracy, fitt and necessary for 
the said Plantacon, and the Inhabitants there, and for 
nameing and stiling of all sorts of Officers, both superior 
and inferior, which they shall flnde needefull for that 
Governement and Plantacon, and the distinguishing and 
setting forth of the severall duties, Powers, and Lymytts 
of every such Office and Place, and the Formes of such 
Oathes warrantable by the Lawes and Statutes of this 
our Realme of England, as shalbe respectivelie ministred 
vnto them for the Execucbn of the said severall Offices 
and Places ; as also, for the disposing and ordering of the 
Eleccons of such of the said Officers as shalbe annuall, 
and of such others as shalbe to succeede in Case of 
Death or Removeall, and ministring the said Oathes to 
the newe elected Officers, and for Imposicons of lawfull 
Fynes, Mulcts, Imprisonment, or other lawfull Correccon, 
according to the Course of other Corporacons in this our 
Realme of England, and for the directing, ruling, and 
disposeingof all other Matters and Thinges, whereby our 
said People, Inhabitants there, may be soe religiously, 
peaceablie, and civilly governed, as their good Life and 
orderlie Conversacon, maie wynn and incite the Natives 
of Country, to the Knowledg and Obedience of the on- 
lie true God and Sauior of Mankinde, and the Christian 
Fayth, which in our Royall Intencon, and the Adven- 
turers free Profession, is the principall Ende of this Plan- 
tacion. WILLING, comaunding, and requiring, and by 
theis Presents for Vs, our Heires, and Successors, ordeyn- 
ing and appointing, that all such Orders, Lawes, Statuts 
and Ordifinces, Instruccbns and Direccons, as shalbe 
soe made by the Governor, or Deputie Governor of the 



c 8 DOCUMENTS ILL USTRA TIVE 

said Company, and such of the Assistants and Freemen 
as aforesaide, and published in Writing, vnder their 
cofhon Seale, shalbe carefullie and dulie observed, kept, 
performed, and putt in Execucbn, according to the true 
Intent and Meaning of the same ; and theis our Letters- 
patents, or the Duplicate or exemplificacbn thereof, 
shalbe to all and everie such Officers, superior and infe- 
rior, from Tyme to Tyme, for the putting of the same 
Orders, Lawes, Statutes, and Ordinnces, Instruccons, and 
Direccbns, in due Execucbn against Vs, our Heires and 
Successors, a sufficient Warrant and Discharge. And 
Wee DOE further, for Vs, our Heires and Successors, give 
and graunt to the said Governor and Company, and 
their Successors by theis Presents, that all and everie 
such Chiefe Comaunders, Captaines, Governors, and 
other Officers and Ministers, as by the said Orders, 
Lawes, Statuts, Ordinnces, Instruccons, or Direccbns of 
the said Governor and Company for the Tyme being, 
shalbe from Tyme to Tyme hereafter ymploied either in 
the Government of the saide Inhabitants and Plantacon, 
or in the Waye by Sea thither, or from thence, according 
to the Natures and Lymitts of their Offices and Places 
respectively, shall from Tyme to Tyme hereafter for ever, 
within the Precincts and Partes of Newe England hereby 
mencbed to be graunted and confirmed, or in the Waie 
by Sea thither, or from thence, have full and Absolute 
Power and Authoritie to correct, punishe, pardon, governe, 
and rule all such the Subiects of Vs, our Heires and 
Successors, as shall from Tyme to Tyme adventure 
themselves in any Voyadge, thither or from thence, or 
that shall at any Tyme hereafter, inhabite within the Pre- 
cincts and Partes of Newe England aforasaid, according 
to the Orders, Lawes, Ordinnces, Instruccons, and Direc- 
cbns aforesaid, not being repugnant to the Lawes and 
Statutes of our Realme of England as aforesaid. And 
Wee DOE further, for Vs, our Heires and Successors, 
give and graunte to the said Governor and Company, and 



OF AMERICAN HISTORY. 



59 



their Successors, by theis Presents, that it shall and maie 
be lawfull, to and for the Chiefe Comaunders, Governors, 
and Officers of the said Company for the Time being, 
who shalbe resident in the said Parte of Newe England 
in America, by theis Presents graunted, and others there 
inhabiting by their Appointment and Direccbn, from 
Tyme to Tyme, and at all Tymes hereafter for their 
speciall Defence and Safety, to incounter, expulse, repell, 
and resist by Force of Armes, aswell by Sea as by 
Lande, and by all fitting Waies and Meanes whatsoever, 
all such Person and Persons, as shall at any Tyme here- 
after, attempt or enterprise the Destruccbn, Invasion, 
Detriment, or Annoyaunce to the said Plantation or 
Inhabitants, and to take and surprise by all Waies and 
Meanes whatsoever, all and every such Person and Per- 
sons, with their Shippes, Armour, Municon, and other 
Goodes, as shall in hostile manner invade or attempt the 
defeating of the said Plantacon, or the Hurt of the said 
Company and Inhabitants: NEVERTHELES, our Will 
and Pleasure is, and Wee doe hereby declare to all 
Christian Kinges, Princes and States, that yf any Person 
or Persons which shall hereafter be of the said Company 
or Plantacon, or any other by Lycense or Appointment 
of the said Governor and Company for the Tyme being, 
shall at any Tyme or Tymes hereafter, robb or spoyle, 
by Sea or by Land, or doe any Hurt, Violence, or vnlaw- 
ful Hostilitie to any of the Subiects of Vs, our Heires or 
Successors, or any of the Subiects of any Prince or 
State, being then in League and Amytie with Vs, our 
Heires and Successors, and that upon such iniury don 
and vpon iust Complaint of such Prince or State or their 
Subjects, WEE, our Heires and Successors shall make 
open Proclamacbn within any of the Partes within our 
Realme of England, comodious for that purpose, that the 
Person or Persons haveing comitted any such Roberie 
or Spoyle, shall within the Terme lymytted by such a 
Proclamacon, make full Restitucon or Satisfaccon of all 



6q DOCUMENTS ILL US TRA TIVE 

such Iniureis don, soe as the said Princes or others soe 
complayning, maie hould themselves fullie satisfied and 
contented ; and that yf the said Person or Persons, have- 
ing comitted such Robbery or Spoile, shall not make, 
or cause to be made Satisfaccon accordinglie, within such 
Tyme soe to be lymytted, that then it shalbe lawfull for 
Vs, our Heires and Successors, to putt the said Person or 
Persons out of our Allegiance and Proteccon, and that it 
shalbe lawfull and free for all Princes to prosecute with 
Hostilitie, the said Offendors, and every of them, their 
and every of their Procurers, Ayders, Abettors, and Com- 
forters in that Behalf : PROVIDED also, and our expresse 
Will and Pleasure is, And Wee doe by theis Presents for 
Vs, our Heires and Successors ordeyne and appoint That 
theis Presents shall not in any manner envre, or be taken 
to abridge, barr, or hinder any of our loving subiects 
whatsoever, to vse and exercise the Trade of Fishing vpon 
that Coast of New England in America, by theis Presents 
mencbed to be graunted. But that they, and every, or 
any of them, shall have full and free Power and Liberty 
to continue and vse their said Trade of Fishing vpon the 
said Coast, in any the Seas therevnto adioyning, or any 
Armes of the Seas or Saltwater Rivers where they have 
byn wont to fishe, and to build and sett vp vpon the 
Landes by theis Presents graunted, such Wharfes, Stages, 
and Workehouses as shalbe necessarie for the salting, 
drying, keeping, and packing vp of their Fish, to be taken 
or gotten vpon that Coast ; and to cutt down, and take 
such Trees and other Materialls there groweing, or being, 
or shalbe needefull for that Purpose, and for all other 
necessarie Easements, Helpes, and Advantage concerning 
their said Trade of Fishing there, in such Manner and 
Forme as they have byn heretofore at any tyme accus- 
tomed to doe, without making any willfull Waste or 
Spoyle, any Thing in theis Presents conteyned to the 
contrarie notwithstanding. And Wee DOE further, for 
Vs, our Heires and Successors, ordeyne and graunte to 



OF AMERICAN HISTORY. 6 1 

the said Governor and Company, and their Successors by 
theis Presents that theis our Letters-patents shalbe 
firme, good, effectuall, and availeable in all Things, and 
to all Intents and Construccons of Lawe, according to our 
true Meaning herein before declared, and shalbe construed, 
reputed, and adiudged in all Cases most favourablie on 
the Behalf, and for the Benefitt and Behoofe of the saide 
Governor and Company and their Successors : ALTHOUGH 
expresse mencon of the true yearely Value or certenty of 
the Premisses or any of them, or of any other Guiftes or 
Grauntes, by Vs, or any of our Progenitors or Prede- 
cessors to the foresaid Governor or Company before this 
tyme made, in theis Presents is not made ; or any Stat- 
ute, Acte, Ordinnce, Provision, Proclamacon, or Re- 
strainte to the contrarie thereof, heretofore had, made, 
published, ordeyned, or provided, or any other Matter, 
Cause, or Thinge whatsoever to the contrarie thereof in 
any wise notwithstanding. 

In WlTNES whereof, Wee have caused theis our 
Letters to be made Patents. 

WlTNES ourself, at Westminster, the fourth day of 
March, in the fourth Yeare of our Raigne. 
Per Breve de Privato Sigillo, 

WOLSELEY. 



62 DOCUMENTS ILL US TRA TIVE 



CHARTER OF MARYLAND— 1632. 

Lord Baltimore's first attempt at colonization 
was at Avalon, Newfoundland. Discouraged by 
the severity of the climate he visited Virginia, 
and obtaining from Charles II. a promise of 
lands there, abandoned Newfoundland. Dying 
shortly after, the promised patent was issued 
in 1632 to his son and successor, who made 
the first settlement at St. Mary's. The Palati- 
nate of Durham served as a model for Lord Balti- 
more's Avalon patent, and this in turn helped 
mould the Maryland charter. " The Maryland 
charter is full of interest as being the first propri- 
etary constitution that bore any actual fruit. It 
conferred on the grantee probably the most exten- 
sive political privileges ever enjoyed by an Eng- 
lish subject since the great houses had bowed 
before the successive oppression of Yorkist and 
Tudor rule." (Doyle.) With the exception of the 
reservation of allegiance, and the provision that 
the laws " be consonant to reason and be not re- 
pugnant nor contrary to the laws and statutes of 
the kingdom of England," Lord Baltimore was an 
independent monarch. Maryland continued under 
this charter till 1776, when a convention meeting 
at Annapolis (Aug. 14 — Nov. n) formulated a 
constitution for the state. A second constitution 



OF AMERICAN HISTORY. 



63 



was adopted in 185 1, a third in 1864, and a fourth 
in 1867. 

Consult Doyle's English Colonies, I., 281; Ban- 
croft's U. S., 1st ed. I., 241; cen. ed. I., 181; last ed. 
I., 157; Hildreth's U. S., I., 206; Bryant and 
Gay's U. S., I., 487; Neil's English Colonization, 
Browne 's Maryland, 1 8 ; Bozman 's Maryland ; 
Chalmers' Political Annals, 200. 

CHARTER OF MARYLAND. 

[Translated from the Latin original.] 

CHARLES, by the Grace of God, King of England, Scot- 
land, France, and Ireland, Defender of the Faith, etc. To 
all to whom these presents shall come, greeting: Where- 
as our right trusty and well-beloved subject Caecilius 
Calvert, Baron of Baltimore, in our kingdom of Ireland, 
son and heir of Sir George Calvert, knight, late Baron 
of Baltimore, in the same kingdom of Ireland, pursuing 
his father's intentions, being incited with a laudable and 
pious zeal for the propagation of the Christian faith, and 
the enlargement of our empire and dominion, hath hum- 
bly besought leave of us, by his industry and charge, to 
transport an ample colony of the English nation into a 
certain country hereafter described in the parts of Amer- 
ica not yet cultivated and planted, though in some parts 
thereof inhabited by a certain barbarous people, having 
no knowledge of the Almighty God ; and hath humbly 
besought our royal majesty to give, grant and confirm 
the said country ; with certain privileges and jurisdic- 
tions, requisite for the said government and State of his 
colony and country, aforesaid, to him and his heirs for- 
ever. 

Know ye, therefore, that we, favoring the pious and 
noble purpose of the said Barons of Baltimore, of our 



6 4 



DOCUMENTS ILLUSTRA TIVE 



especial grace, certain knowledge, and mere motion, 
have given, granted, and confirmed, and by this our pres- 
ent charter, for us, our heirs and successors, do give, 
grant, and confirm, unto the said Caecilius, now Baron of 
Baltimore, his heirs and assigns, all that part of a penin- 
sula lying in the parts of America between the ocean 
on the east, and the bay of Chesapeak on the west, and 
divided from the other part thereof by a right line drawn 
from the promontory or cape of land called Watkins' 
Point (situate in the aforesaid bay, near the river of 
Wighco) on the west, unto the main ocean on the east ; 
and between that bound on the south unto that part of 
Delaware Bay on the north, which lieth under the for- 
tieth degree of northerly latitude from the equinoctial 
where New England ends; and all that tract of land be- 
tween the bounds aforesaid ; that is to say, passing from 
the aforesaid unto the aforesaid bay called Delaware Bay, 
in a right line by the degree aforesaid, unto the true mer- 
idian of the first fountain of the river Potomac, and from 
thence tending towards the south unto the further bank 
of the aforesaid river, and following the west and south 
side thereof into a certain place called Cinquack situate 
near the mouth of the said river, where it falls into the 
bay of Chesapeak, and from thence by a straight line 
unto the aforesaid promontory and place called Watkins' 
Point (so that all that tract of land divided by the line 
aforesaid, drawn between the main ocean and Watkins' 
Point, unto the Promontory called Cape Charles, and all 
its appurtenances, do remain entirely excepted to us, our 
heirs and successors forever). 

We do also grant and confirm to the said Lord Balti- 
more, his heirs and assigns, all islands and islets within 
the limits aforesaid, and all and singular the islands and 
islets which are or shall in the ocean, within ten leagues 
from the eastern shore of the said country towards the 
east, with all and singular ports, harbors, bays, rivers, 
and inlets belonging unto the country and islands afore- 



OF A MEXICAN HISTORY. 



65 



said, and all the soil, lands, fields, woods, mountains, 
fens, lakes, rivers, bays, and inlets, situate or being within 
the limits and bounds aforesaid. With the fishing of all 
sorts of fish, whales, sturgeons, and all other royal fishes 
in the sea, bays, inlets, and rivers, within the premises, 
and all the fish therein taken. 

And moreover all veins, mines, and quarries, as well 
discovered as not discovered, of gold, silver, gems, and 
precious stones, and all other whatsoever, be it of stones, 
metals, or of any other thing or matter whatsoever,, 
found, or to be found within the country, isles and lim- 
its aforesaid. 

And, futhermore, the patronages and advowsons of all 
churches, which (as Christian religion shall increase 
within the country, isles, islets, and limits aforesaid) shall 
happen hereafter to be erected ; together with license 
and power to build and found churches, chapels, and 
oratories, in convenient and fit places within the prem- 
ises, and to cause them to be dedicated and consecrated 
according to the ecclesiastical laws of our kingdom of 
England ; together with all and singular the like, and as 
ample rights, jurisdictions, privileges, prerogatives, 
royalties, liberties, immunities, royal rights and fran- 
chises, of what kind soever, temporal, as well by sea as by 
land, within the country, isles, islets, and limits aforesaid, 
to have, exercise, use and enjoy the same, as amply as 
any bishop of Durham, within the bishopric or county 
palatine of Durham, in our kingdom of England, hath 
at any time heretofore had, held, used, or enjoyed, or of 
right, ought or might have had, held, used, or enjoyed. 

And him the said now Lord Baltimore, his heirs and 
assigns, we do by these presents, for us, our heirs, and 
successors, make, create, and constitute the true and ab- 
solute lords and proprietaries of the said country afore- 
said, and of all other the premises (except before ex- 
cepted), saving always the faith and allegiance and sov- 
ereign dominion due unto us, our heirs and success- 
5 



66 DOCUMENTS ILLUSTRATIVE 

ors. To have, hold, possess, and enjoy the said country, 
isles, inlets, and other the premises, unto the said now 
Lord Baltimore, his heirs and assigns, to the sole and 
proper use and behoof of him the said now Lord Balti- 
more, his heirs and assigns forever. 

To be holden of us, our heirs and successors, Kings of 
England, as of our castles of Windsor, in our county of 
Berks, in free and common soccage, by fealty only, for 
all services, and not in capite, or by knight's service, 
yielding and paying therefor to us, our heirs and suc- 
cessors, two Indian arrows of those parts, to be delivered 
at our said castle of Windsor, every year the Tuesday 
in Easter week, and also the fifth part of all gold and 
silver ore, within the limits aforesaid, which shall from 
time to time, happen to be found. 

Now, that the said country, thus by us granted and 
described, may be eminent above all other parts of the 
said territory, dignified with large title, Know ye, that 
we, of our further grace, certain knowledge, and mere 
motion, have thought fit to erect the same country and 
islands into a province, as out of the fullness of our royal 
power and prerogative, we do, for us, our heirs and suc- 
cessors, erect and incorporate them into a province, and 
do call it Maryland, and so from henceforth we will have 
it called. 

And forasmuch as we have hereby made and ordained 
the aforesaid now Lord Baltimore, the true Lord and 
proprietary of all the province aforesaid, Know ye, 
therefore, that we, reposing special trust and confidence 
in the fidelity, wisdom, justice, and provident circum- 
spection of the said now Lord Baltimore, for us, our 
heirs and successors, do grant free, full, and absolute 
power, by virtue of these presents, to him and his heirs, 
for the good and happy government of the said country, 
to ordain, make, enact, and under his and their seals to 
publish any laws whatsoever, appertaining either unto 
the public state of the said province, or unto the private 



OF AMERICAN HISTORY. 



<>7 



utility of particular persons, according to their best dis- 
cretions, by and with the advice, assent, and approbation 
of the freemen of the said province, or the greater part 
of them, or of their delegates or deputies, whom, for the 
enacting of the said laws, when and as often as need 
shall require, we will that the said now Lord Baltimore, 
and his heirs, shall assemble in such sort and form as to 
him and them shall seem best, and the said laws duly to 
execute upon all people within the said province and 
limits thereof, for the time being, or that shall be consti- 
tuted under the government and power of him or them, 
either sailing towards Maryland, or returning from thence 
towards England, or any other of ours or foreign domin- 
ions, by imposition of penalties, imprisonment or any 
other punishment : yea, if it shall be needful, and that 
the quality of the offence require it, by taking away mem- 
bers or life, either by him the said now Lord Baltimore, 
and his heirs, or by his and their deputies, lieutenants, 
judges, justices, magistrates, officers, and ministers, to be 
ordained or appointed, according to the tenor and true 
intentions of these presents, and likewise to appoint and 
establish any judges, justices, magistrates, and officers, 
whatsoever, at sea and land, for what cause soever, and 
with what power soever, and in such form as to the said 
now Lord Baltimore, or his heirs, shall seem most con- 
venient ; also to remit, release, pardon, and abolish, 
whether before judgment or after, all crimes and offences 
whatsoever, against the said laws, and to do all and every 
other thing or things, which unto the complete establish- 
ment of justice unto courts, praetories, and tribunals, 
forms of judicature, and manners of proceedings, do be- 
long, although in these presents express mention be not 
made thereof ; and by judges by them delegated to 
award process, hold pleas, and determine, in said courts 
and tribunals, all actions, suits, and causes whatsoever, 
as well criminal as civil, personal, real, mixt, and prae- 
torial, which laws, so as aforesaid, to be published, our 



68 DOCUMENTS ILLUSTRATIVE 

pleasure is, and so we do enjoin, require, and command, 
shall be most absolute and available in law ; and that all 
the liege people and subjects of us, our heirs and succes- 
sors, do observe and keep the same inviolably, in those 
parts, so far as they concern them, under the pains there- 
in expressed, or to be expressed ; provided nevertheless, 
That the said laws be consonant to reason, and be not 
repugnant or contrary, but as near as conveniently may 
be, agreeable to the laws, statute, and rights of this our 
kingdom of England. 

And forasmuch as in the government of so great a 
province, sudden accidents often happen, whereunto it 
will be necessary to apply a remedy, before the free- 
holders of the said province, or their delegates, or depu- 
ties, can be assembled to the making of laws, neither will 
it be convenient that instantly upon every such emer- 
gent occasion so great a multitude should be called to- 
gether ; therefore, for the better government of the said 
province, we will and ordain, and by these presents 
for us, our heirs and successors, and grant unto the 
said Lord Baltimore, and his heirs, by themselves, or 
by their magistrates, and officers, in that behalf duly 
to be ordained, as aforesaid, to make and constitute fit 
and wholesome ordinances, from time to time, within 
the said province, to be kept and observed, as well for 
the preservation of the peace, as for the better govern- 
ment of the people there inhabiting, and publicly to 
notify the same to all persons whom the same doth or 
may in any way concern ; which ordinances, our pleasure 
is, shall be observed inviolably within the said province, 
under the pains therein to be expressed ; so as the said 
ordinances be consonant to reason, and be not repug- 
nant nor contrary to the laws and statutes of the king- 
dom of England ; and so as the said ordinances be not 
extended in any sort, to bend, charge, or take away the 
right or interest of any person or persons, or of their 
life, members, freehold, goods, or chattels. 



OF AMERICAN HISTORY. 



69 



Furthermore, that this new colony may the more hap 
pily increase by the multitude of people resulting thither, 
and may likewise be the more strongly defended from the 
incursions of savages, or other enemies, pirates and rob- 
bers, therefore we, for us, our heirs and successors, do 
give and grant, by these presents, power, license, and 
liberty, unto all the liege people and subjects, both pres- 
ent and future, for us, our heirs and successors (ex- 
cepting those who shall be expressly forbidden), to 
transport themselves, and families into the said province, 
with convenient shipping, and fitting provisions and 
there to settle themselves, dwell and inhabit ; and to 
build and fortify castles, forts, and other places of 
strength for the public, and their own private defence, 
at the appointment of the said now Lord Baltimore, and 
his heirs, the statute of fugitives, or any other whatso- 
ever, the contrary of the premises in any wise notwith- 
standing. 

And we will also, and of our more especial grace, for 
us, our heirs and successors, we do strictly enjoin, con- 
stitute, ordain, and command, That the said province 
shall be of our allegiance, and that all and singular, sub- 
jects and liege people of us, our heirs and successors, 
transported or to be transported into the said province, 
and the children of them, and of such as shall descend 
from them, there already born, or hereafter to be born, 
be, and shall be denizens and lieges of us, our heirs and 
successors, of our kingdoms of England and Ireland, and 
be in all things held, treated, reputed, and esteemed, as 
the liege faithful people of us, our heirs and successors, 
born within the kingdom of England; and likewise, any 
lands, tenements, revenues, services and other heredita- 
ments whatsoever, within our kingdom of England, and 
other our dominions, may inherit, or otherwise purchase, 
receive, take, hold, have, buy and possess, and then may 
occupy and enjoy, give, sell, alien and bequeathe as like- 
wise all liberties, franchises and privileges, of this our 



yo 



DOCUMENTS ILLUSTRATIVE 



kingdom of England, freely, quietly and peaceably have 
and possess, occupy and enjoy, as our liege people, born, 
or to be born, within our said kingdom of England, 
without the let, molestation, vexation, trouble or griev- 
ance of us, our heirs and successors ; any Statute, act, 
ordinance or provision to the contrary thereof notwith- 
standing. 

And furthermore, that our subject may be the rather 
encouraged to undertake this expedition with ready and 
cheerful minds, know ye, that we of our especial grace, 
certain knowledge, and mere motion, do give and grant, 
by virtue of these Presents, as well unto the said now 
Lord Baltimore, and his heirs, as to all others who shall, 
from time to time, repair unto the said country with a 
purpose to inhabit there, or to trade with the natives 
of the said province, full license to lade and trade in 
any ports whatsoever, of us, our heirs and successors, 
and into the said province of Maryland, by them, their 
servants or assigns, to transport all and singular their 
goods, wares, and merchandises, as likewise all sorts of 
grain whatsoever, and all other things whatsoever nec- 
essary for food and clothing, not prohibited by the laws 
and statute of our kingdoms and dominions to be carried 
out of the said kingdoms, any statute, act, ordinance, or 
other thing whatsoever to the contrary notwithstanding, 
without any lett or molestation of us, our heirs and suc- 
cessors ; or of any of the heirs of us, our heirs and suc- 
cessors, saving always to us, our heirs and successors, 
the legal impositions, customs, and other duties and pay- 
ments for the said weighers of merchandise, any statute, 
act, ordinance, or other thing whatsoever to the contrary 
notwithstanding. 

And because in so remote a country, and situate near 
so many barbarous nations, the incursions as well of the 
savages themselves, as of other enemies, pirates, and rob- 
bers, may probably be feared, therefore we have given, 
and for us, our heirs and successors, do give power by 



OF AMERICAN IIISTOR Y. y l 

these Presents, unto the said now Lord Baltimore, his 
heirs and assigns, by themselves or their captains, or 
other their officers to levy, muster, and train all sorts of 
men, of what condition or wheresoever born, in the 
said province of Maryland, for the time being, and to 
make war, and pursue the enemies, robbers, aforesaid, as 
well by sea as by land, yea, even without the limits of 
the said province, and (by God's assistance) to vanquish 
and take them ; and being taken, to put them to death, 
by the law of war, or to save them, at their pleasure ; 
and to all and every other thing which unto the charge 
and office of a captain-general of an army belongeth, 
or hath accustomed to belong, as fully and freely as any 
captain-general of an army hath ever had the same. 

Also, our will and pleasure is, and by this our charter, 
we do give unto the said now Lord Baltimore, his heirs 
and assigns, full power, liberty and authority, in case of 
rebellion, tumult or sedition, if any should happen 
(which God forbid) either upon the land, within the prov- 
ince aforesaid, or upon the main sea, in making a voy- 
age thither, or returning from thence by themselves, or 
their captains, deputies, or other officers, to be author- 
ized under their seals for that purpose (to whom we also, 
for us, our heirs and successors, do give and grant by 
these presents, full power and authority), to exercise 
martial law against mutinous and seditious persons of 
those parts, such as shall refuse to submit themselves to 
his or their government, or shall refuse to serve in the 
wars, or shall fly to the enemy, or forsake their ensigns, 
or be loiterers, or stragglers, or otherwise however offend- 
ing against the law, custom, and discipline military, as 
freely and in as ample manner and form as a captain- 
general of any army, by virtue of his office, might, or 
hath accustomed to use the same. 

Furthermore, that the way to honors and dignities 
may not seem to be altogether precluded and shut up 
to men well-born, and such as shall prepare themselves 



72 DOCUMENTS ILL USTRA TIVE 

unto this present plantation, and shall desire to deserve 
well of us and our kingdoms, both in peace and war, in 
so far distant and remote a country, Therefore we, for 
us, our heirs and successors, do give free and absolute 
power unto the said now Lord Baltimore, his heirs and 
assigns, to confer favors, rewards and honors, upon such 
inhabitants, within the province aforesaid, as shall de- 
serve the same, to invest them with titles and dignities 
soever as he shall think fit (so as they be not such as are 
now used in England), as like to erect and incorporate 
towns into boroughs, and boroughs into cities, with con- 
venient privileges and immunities, according to the merit 
of the inhabitants, and fitness of the places, and to do 
all and every other thing or things touching the prem- 
ises, which to him and them shall seem meet and requi- 
site ; albeit they be such as of their own nature might 
otherwise require a more special commandment and war- 
rant than in these presents is expressed. 

We will also, and by these presents for us, our heirs 
and successors, do give and grant license, by this our 
charter, unto the said now Lord Baltimore, his heirs and 
assigns, and to all the inhabitants and dwellers in the said 
province aforesaid, both present and to come, to import, 
unlade, by themselves or their servants, factors or as- 
signs, all merchandises and goods whatsoever, that shall 
arise of the fruits and commodities of the said prov- 
ince, either by sea or land, into any of the ports of us, 
our heirs and successors, in our kingdoms of England or 
Ireland, or otherwise to dispose of the said goods, in the 
said ports, and if need be, within one year next after un- 
lading the same, to lade the same merchandise and 
goods again into the same or other ships, and export the 
same into any other countries either of our dominion or 
foreign (being in amity with us, heirs and successors). 
Provided always that they pay such customs, imposi- 
tions, subsidies, and duties, for the same, to us, our heirs 
and successors, as the rest of our subjects of our king- 



OF AMERICAN HISTOR i". 73 

dom of England, for the time being, shall be bound to 
pay ; beyond which, we will not that the inhabitants 
of the aforesaid province of Maryland shall be any 
charged. 

And furthermore, of our ample and special grace, cer- 
tain knowledge, and mere motion, we do, for us, our 
heirs and successors, grant unto the said now Lord Balti- 
more, his heirs and assigns, full and absolute power and 
authority to make, erect, and constitute, within the said 
province of Maryland, the isles and islets aforesaid, such 
and so many seaports, harbors, creeks, and other places, 
for discharging and unlading of goods and merchandises 
out of ships, boats and other vessels, and lading them in 
such and so many places, and with such rights, jurisdic- 
tions, and liberties, and privileges unto the said ports be- 
longing, as to him or them shall seem most expedient ; 
and that all and singular the ships, boats and other ves- 
sels, which shall come for merchandise and trade into 
the said province, or out of the same shall depart, shall 
be laden or unladen only at such ports as shall be so 
erected and constituted by the said now Lord Baltimore, 
his heirs and assigns, any use, custom, or other things to 
the contrary notwithstanding ; saving always unto us, 
our heirs and successors, and to all the subjects (of our 
kingdoms of England and Ireland) of us, our heirs and 
successors, free liberty of fishing for sea fish, as well in 
the sea, bays, inlets, and navigable rivers, as in the har- 
bors, bays, and creeks of the province aforesaid, and the 
privileges of salting and drying their fish on the shore of 
the said province, and for the same cause, to cut and 
take underwood and twigs there growing, and to build 
cottages and sheds necessary in this behalf, as they 
heretofore have or might reasonably have used ; which 
liberties and privileges, nevertheless, the subjects afore- 
said of us, our heirs and successors, shall enjoy without 
any notable damage or injury to be done to the said 
now Lord Baltimore, his heirs and assigns, or to the 



74 



DOCUMEN TS ILL USTRA TIVE 



dwellers and inhabitants of the said province, in the 
ports, creeks, and shores aforesaid, and especially in 
the woods and copses growing within the said province. 
And if any shall do any such damage or injury, he shall 
incur the heavy displeasure of us, our heirs and succes- 
sors, the punishment of the laws, and shall moreover 
make satisfaction. 

We do furthermore will, appoint, and ordain, and by 
these presents, for us, our heirs and successors, we do 
grant unto the said now Lord Baltimore, his heirs and 
assigns, that he, the said Lord Baltimore, his heirs and as- 
signs, may from time to time, forever, have and enjoy the 
customs and subsidies in the ports, harbors, and other 
creeks and places aforesaid, within the province afore- 
said, payable or due for merchandises or wares thereto 
laded or unladed : the said customs and subsidies to be 
reasonably assessed (upon any occasion) by themselves 
and the people there as aforesaid, to whom we give 
power, by these presents, for us, our heirs and succes- 
sors, upon just cause and in a due proportion, to assess 
and impose the same. 

And further, of special grace, certain knowledge, and 
mere motion, we have given and granted, and by these 
presents, for us, our heirs and successors, do give and 
grant, unto the said now Lord Baltimore, his heirs and 
assigns, full and absolute power, license, and authority, 
that he, the said now Lord Baltimore, his heirs and as- 
signs, from time to time hereafter, for ever, at his and 
their will and pleasure, may assign, alien, grant, demise, 
or enfeoffe of the premises, so many and such parts and 
parcels to him or them that shall be willing to purchase 
the same, as they shall think fit ; to have and to hold to 
them the said person or persons willing to take or pur- 
chase the same, their heirs and assigns, in fee simple, or 
in fee tail, or for the term of life or lives, or years, to be 
held of the said now Lord Baltimore, his heirs and as- 
signs, by such services, customs, and rents, as shall seem 



OF AMERICAN HISTORY. 



7$ 



fit to the said now Lord Baltimore, his heirs and assigns, 
and not immediately of us, our heirs and successors : And 
to the same person or persons, and to all and every of 
them, we do give and grant, by these presents, for us, 
our heirs and successors, license, authority and power, 
that such person or persons may take the premises, or 
any parcel thereof, of the said now Lord Baltimore, his 
heirs or assigns (in what estate of inheritance soever, in 
fee simple, or in fee tail, or otherwise, as to them and 
the now Lord Baltimore, his heirs and assigns, shall seem 
expedient) ; the statute made in the parliament of Ed- 
ward, son of King Henry, late King of England, our 
predecessor, commonly called the statute Quia emptores 
tenarum, lately published in our kingdom of England, or 
any other statute, act, ordinance, use, law, or custom, 
or any other thing cause or matter thereupon hereto- 
fore had, done, published, ordained or provided to the 
contrary, in any wise notwithstanding. 

And by these presents, we give and grant license unto 
the said now Lord Baltimore and his heirs, to erect any 
parcels of land within the province aforesaid into man- 
ors, in every the said manors to have and hold a court of 
Baron, with all things whatsoever which to a court Bar- 
on do belong, and to have and hold view of frank-pledge 
(for the conservation of the peace, and the better govern- 
ment of those parts), by themselves, or their stewards, or 
by the lords, for the time being, of other manors to be 
deputed, when they shall be erected, and in the same to 
use all things belonging to view of frank-pledge. 

And further, our pleasure is, and by these presents, for 
us, our heirs and successors, we do covenant and grant 
to and with the said now Lord Baltimore, and his heirs 
and assigns, that we, our heirs and successors, shall at no 
time hereafter set or make, or cause to set any imposi- 
tion, custom, or other taxation, rate, or contribution 
whatsoever, in and upon the dwellers and inhabitants of 
the aforesaid province, for their lands, tenements, goods, 



7 6 



DOCUMENTS ILL VSTKA Tl I E 



or chattels within the said province, or in or upon any 
goods or merchandise within the said province, or to be 
laden or unladen within the ports or harbors of the said 
province. And our pleasure is, and for us, our heirs and 
successors, we charge and command, that this our dec- 
laration shall henceforward, from time to time, be re- 
ceived and allowed in all our courts, and before all the 
judges of us, our heirs and successors, for a sufficient and 
lawful discharge, payment and acquittance ; command- 
ing all and singular our officers and ministers of us, our 
heirs and successors, and enjoining them, upon pain of 
our high displeasure, that they do not presume, at any 
time, to attempt anything to the contrary of the prem- 
ises, or that they do in any sort withstand the same ; 
but that they be at all times aiding and assisting, as 
fitting, unto the said now Lord Baltimore, and his heirs, 
and to the inhabitants and merchants of Maryland afore- 
said, their servants, ministers, factors and assigns, in the 
full use and fruition of the benefit of this our charter. 

And further, our pleasure is, and by these presents, for 
us, our heirs and successors, we do grant unto the said 
now Lord Baltimore, and his heirs and assigns, and to 
the tenants and inhabitants of the said province of Mary- 
land, both present and to come, and to every of them, 
that the said province, tenants, and inhabitants of the 
said colony or country, shall not from henceforth beheld 
or reputed as a member, or as a part of Virginia^ or of 
any other colony whatsoever, now transported or here- 
after to be transported, nor shall be depending on, or 
subject to their government in anything, from whom we 
do separate that and them. And our pleasure is, by 
these presents, that they be separated, and that they be 
subject immediately to our crown of England, as depend- 
ing thereof forever. 

And if perchance hereafter it should happen any 
doubts or questions should arise concerning the true sense 
and understanding of any word, clause or sentence con- 



OF AMERICAN HISTORY. yy 

tained in this our present charter, we will, ordain and 
command, that at all times, and in all things, such inter- 
pretations be made thereof and allowed, in any of our 
courts whatsoever, as shall be adjudged most advanta- 
geous and favorable unto the said now Lord Baltimore, his 
heirs and assigns ; provided always, that no interpreta- 
tion be admitted thereof, by which God's holy and truly 
Christian religion, or the allegiance due unto us, our 
heirs and successors, may suffer any prejudice or dimi- 
nution ; although express mention be not made in these 
presents of the true yearly value of certainty of the prem- 
ises, or of any part thereof, or of other gifts and grants 
made by us, our progenitors or predecessors, unto the 
said now Lord Baltimore, or any statute, act, ordinance, 
provision, proclamation, or restraint heretofore had, 
made, published, ordained, or provided, or any other 
thing, cause, or matter whatsoever to the contrary there- 
of in any wise notwithstanding. In witness, etc., witness 
Ourself at Westminster, the twenty-eighth day of June, 
A.D., 1632, in the eighth year of our reign. 
By Writ of Privy Seal. 



jS DOCUMENTS ILL USTRA TIVE 



FUNDAMENTAL ORDERS OF CON- 
NECTICUT— 1639. 

The towns in the Connecticut Valley, founded 
by the emigrants from Massachusetts, were gov- 
erned for a time by persons acting under a com- 
mission from the Massachusetts General Court ; 
but in 1639 tne towns of Windsor, Hartford and 
Wethersfield associated themselves under the fol- 
lowing constitution, the " first in the series of writ- 
ten American constitutions framed by the people 
for the people." " Equal laws were the basis of 
their commonwealth ; and therefore its foundations 
were lasting." (Bancroft.) This, with such slight 
changes in its practical provision as the increase 
of population demanded, was the fundamental law 
of Connecticut for nearly two centuries. 

Consult Bancroft's Hist. U. S., 1st ed., I., 402 ; 
cen. ed., I., 318; last ed., I., 270; Palfrey's Hist., 
N. E. y I., 535 ; Hildreth's U. S., I., 261 ; Bryant 
and Gay 's U. S., II., 23. 

FUNDAMENTAL ORDERS OF CONNECTICUT— 

1638-39. 

Forasmuch as it hath pleased the Allmighty God by 
the wise disposition of his diuyne pruidence so to Order 
and dispose of things that we the Inhabitants and Res- 
idents of Windsor, Harteford and Wethersfield are now 
cohabiting and dwelling in and vppon the River of Con- 
ectecotte and the Lands thereunto adioyneing; And well 



OF AMERICAN HISTORY 



79 



knowing where a people are gathered togather the word 
of God requires that to mayntayne the peace and vnion 
of such a people there should be an orderly and decent 
Gouerment established according to God, to order and 
dispose of the affayres of the people at all seasons as occa- 
tion shall require ; doe therefore assotiate and conioyne 
our selues to be as one Publike State or Commonwelth ; 
and doe, for our selues and our Successors and such as 
shall be adioyned to vs att any tyme hereafter, enter into 
Combination and Confederation togather, to mayntayne 
and presearue the liberty and purity of the gospell of our 
Lord Jesus which we now professe, as also the disciplyne 
of the Churches, which according to the truth of the said 
gospell is now practised amongst vs ; As also in our 
Ciuell Affaires to be guided and gouerned according to 
such Lawes, Rules, Orders and decrees as shall be made, 
ordered & decreed, as followeth : — 

i. It is Ordered, sentenced and decreed, that there shall 
be yerely two generall Assemblies or Courts, the first on 
the second thursday in Aprill, the other the second thurs- 
day in September, following ; the first shall be called the 
Courte of Election, wherein shall be yerely Chosen from 
tyme to tyme soe many Magestrats and other publike 
Officers as shall be found requisitte : Whereof one to be 
chosen Gouernour for the yeare ensueing and vntill 
another be chosen, and noe other Magestrate to be chosen 
for more then one yeare ; pruided allwayes there be sixe 
chosen besids the Gouernour; which being chosen and 
sworne according to an Oath recorded for that purpose 
shall haue power to administer iustice according to the 
Lawes here established, and for want thereof according to 
the rule of the word of God ; which choise shall be made 
by all that are admitted freemen and haue taken the 
Oath of Fidellity, and doe cohabitte within this Jurisdic- 
tion, (hauing beene admitted Inhabitants by the maior 
part of the Towne wherein they Hue,) or the mayor 
parte of such as shall be then present. 



SO DOCUMENTS ILLUSTRATIVE 

2. It is Ordered, sentenced and decreed, that the Elec- 
tion of the aforesaid Magestrats shall be on this manner : 
euery person present and quallified for choyse shall bring 
in (to the persons deputed to receaue them) one single 
paper with the name of him written in yt whom he de- 
sires to haue Gouernour, and he that hath the greatest 
number of papers shall be Gouernor for that yeare. And 
the rest of the Magestrats or publike Officers to be chosen 
in this manner : The Secretary for the tyme being shall 
first read the names of all that are to be put to choise 
and then shall seuerally nominate them distinctly, and 
euery one that would haue the person nominated to be 
chosen shall bring in one single paper written vppon, and 
he that would not haue him chosen shall bring in a blanke : 
and euery one that hath more written papers then blanks 
shall be a Magistrat for that yeare ; which papers shall be 
receaued and told by one or more that shall be then chosen 
by the court and sworne to be faythfull therein ; but in 
case there should not be sixe chosen as aforesaid, besids 
the Gouernor, out of those which are nominated, then he 
or they which haue the most written papers shall be a 
Magestrate or Magestrats for the ensueing yeare, to make 
vp the foresaid number. 

3. It is Ordered, sentenced and decreed, that the Sec- 
retary shall not nominate any person, nor shall any person 
be chosen newly into the Magestracy which was not pro- 
pownded in some Generall Courte before, to be nominated 
the next Election ; and to that end yt shall be lawfull 
for ech of the Townes aforesaid by their deputyes to 
nominate any two whom they conceaue fitte to be put to 
election ; and the Courte may ad so many more as they 
iudge requisitt. 

4. It is Ordered, sentenced and decreed that noe per- 
son be chosen Gouernor aboue once in two yeares, and 
that the Gouernor be always a member of some approved 
congregation, and formerly of the Magestracy within this 
Jurisdiction; and all the Magestrats Freemen of this 



OF AMERICAN HISTORY. 



Commonwelth : and that no Magestrate or other publike 
officer shall execute any parte of his or their Office 
before they are seuerally sworne, which shall be done in 
the face of the Courte if they be present, and in case of 
absence by some deputed for that purpose. 

5. It is Ordered, sentenced and decreed, that to the 
aforesaid Courte of Election the severall Townes shall 
send their deputyes, and when the Elections are ended 
they may proceed in any publike searuice as at other 
Courts. Also the other Generall Courte in September 
shall be formakeing of lawes, and any other publike occa- 
tion, which conserns the good of the Commonwelth. 

6. It is Ordered, sentenced and decreed, that the Gou- 
ernor shall, ether by himselfe or by the secretary, send 
out summons to the Constables of eur Towne for the 
cauleing of these two standing Courts, on month at lest 
before their seuerall tymes : And also if the Gouernorand 
the gretest parte of the Magestrats see cause vppon any 
spetiall occation to call a generall Courte, they may giue 
order to the secretary soe to doe within fowerteene dayes 
warneing; and if vrgent necessity so require, vppon a 
shorter notice, giueing sufficient grownds for yt to the 
deputyes when they meete, or els be questioned for the 
same ; And if the Gouernor and Mayor parte of Mages- 
trats shall ether neglect or refuse to call the two Generall 
standing Courts or ether of them, as also at other tymes 
when the occations of the Commonwelth require, the 
Freemen thereof, or the Mayor parte of them, shall peti- 
tion to them soe to doe : if then yt be ether denyed or 
neglected the said Freemen or the Mayor parte of them 
shall haue power to giue order to the Constables of the 
seuerall Townes to doe the same, and so may meete to- 
gather, and chuse to themselues a Moderator, and may 
proceed to do any Acte of power, which any other Gen- 
erall Courte may. 

7. It is Ordered, sentenced and decreed that after there 
are warrants giuen out for any of the said Generall 

6 



g 2 DOCUMENTS ILLUSTRATIVE 

Courts, the Constable or Constables of ech Towne shall 
forthwith give notice distinctly to the inhabitants of the 
same, in some Publike Assembly or by goeing or send- 
ing from howse to howse, that at a place and tyme by 
him or them lymited and sett, they meet and assemble 
them selues togather to elect and chuse certen deputyes 
to be att the Generall Courte then following to agitate 
the afayres of the commonwelth ; which said Deputyes 
shall be chosen by all that are admitted Inhabitants in 
the seuerall Townesand haue taken the oath of fidellity ; 
prouided that non be chosen a Deputy for any Generall 
Courte which is not a Freeman of this Commonwelth. 

The foresaid deputyes shall be chosen in manner follow- 
ing : euery person that is present and quallified as before 
expressed, shall bring the names of such, written in seu- 
erall papers, as they desire to haue chosen for that Im- 
ployment, and these 3 or 4, more or lesse, being the 
number agreed on to be chosen for that tyme, that haue 
greatest number of papers written for them shall be depu- 
tyes for that Courte ; whose names shall be endorsed on 
the backe side of the warrant and returned into the 
Courte, with the Constable or Constables hand vnto the 
same. 

8. It is Ordered, sentenced and decreed, that Wyndsor, 
Hartford and Wethersfield shall haue power, ech Towne, 
to send fower of their freemen as deputyes to euery Gen- 
erall Courte ; and whatsoeuer other Townes shall be 
hereafter added to this Jurisdiction, they shall send so 
many deputyes as the Courte shall judge meete, a reson- 
able proportion to the number of Freemen that are in the 
said Townes being to be attended therein ; which depu- 
tyes shall have the power of the whole Towne to giue 
their voats and allowance to all such lawes and orders as 
may be for the publike good, and unto which the said 
Townes are to be bownd. 

9. It is ordered and decreed, that the deputyes thus 
chosen shall haue power and liberty to appoynt a tyme 



OF A MERICAN HISTOR Y. 83 

and a place of meeting togather before any Generall 
Courte to aduise and consult of all such things as may 
concerne the good of the publike, as also to examine 
their owne Elections, whether according to the order, and 
if they or the gretest parte of them find any election to 
be illegall they may seclud such for present from their 
meeting, and returne the same and their resons to the 
Courte ; and if yt proue true, the Courte may fyne the 
party or partyes so intruding and the Towne, if they see 
cause, and giue out a warrant to goe to a newe election 
in a legall way, either in parte or in whole. Also the 
said deputyes shall haue power to fyne any that shall be 
disorderly at their meetings, or for not coming in due 
tyme or place according to appoyntment ; and they may 
returne the said fynes into the Courte if yt be refused to 
be paid, and the tresurer to take notice of yt, and to 
estreete or levy the same as he doth other fynes. 

10. It is Ordered, sentenced and decreed, that euery 
Generall Courte, except such as through neglecte of the 
Gouernor and the greatest parte of Magestrats the Free- 
men themselves doe call, shall consist of the Gouernor, 
or some one chosen to moderate the Court, and 4 other 
Magestrats at lest, with the mayor parte of the deputyes 
of the seuerall Townes legally chosen ; and in case the 
Freemen or mayor parte of them through neglect or 
refusall of the Gouernor and mayor parte of the mages- 
trats, shall call a Courte, yt shall consist of the mayor 
parte of Freemen that are present or their deputyes, with 
a moderator chosen by them. In which said Generall 
Courts shall consist the supreme power of the common- 
welth, and they only shall haue power to make laws or 
repeale them, to graunt leuyes, to admitt of Freemen, 
dispose of lands vndisposed of, to seuerall Townes or 
persons, and also shall haue power to call ether Courte 
or Magestrate or any other person whatsoeuer into ques- 
tion for any misdemeanour, and may for just causes dis- 
place or deale otherwise according to the nature of the 



84 DOCUMENTS ILL USTRA TIVE 

offence ; and also may deale in any other matter that 
concerns the good of this common welth, excepte elec- 
tion of Magestrats, which shall be done by the whole 
boddy of Freemen. 

In which Courte the Gouernour or Moderator shall haue 
power to order the Courte to giue liberty of speech, and 
silence vnceasonable and disorderly speakeings, to put all 
things to voate, and in case the vote be equall to haue 
the casting voice. But non of these Courts shall be 
adiorned or dissolued without the consent of the maior 
parte of the Court. 

ii. It is ordered, sentenced and decreed, that when any 
Generall Courte vppon the occations of the commonwelth 
haue agreed vppon any summe or sommes of mony to 
be leuyed vppon the seuerall Townes within this Juris- 
diction, that a Committee be chosen to sett out and 
appoynt with shall be the proportion of euery Towne to 
pay of the said leuy, provided the Committees be made 
vp of an equall number out of each Towne. 

14th January, 1638, the 1 1 Orders abouesaid are voted. 



OF AMERICAN HISTORY. 85 



THE NEW ENGLAND CONFEDERA- 
TION. 

Need of protection against the Dutch and In- 
dians led to the formation of this league. The 
first suggestion came from Connecticut as early as 
1637 but the scheme did not assume definite shape 
until 1643. The articles of confederation were 
signed by commissioners from Massachusetts Bay, 
Connecticut and New Haven, May 19, 1643, while 
Plymouth gave her assent later, after submitting 
the articles to the approval of the people. The 
league under the official designation of " The 
United Colonies of New England " embraced the 
four colonies of Massachusetts Bay, Plymouth, Con- 
necticut and New Haven, with a population of 
24,000 in 39 towns. (Frothingham.) Rhode Island 
was refused admission. " A great principle was at 
the bottom of the confederation ; but, noble as 
were the aims of those who handled it, they had 
not yet attained to sufficient breadth of view to 
apply it even to the whole of New England." 
(Frothingham.) 

The incorporation of New Haven with Connec- 
ticut by the royal charter of 1662 destroyed the 
balance of power in the confederation and " of the 
brave confederacy of the Four Colonies only the 



36 DOCUMENTS ILLUSTRATIVE 

shadow of a great name was left." (Palfrey.) The 
last meeting was held at Hartford Sept. 5, 1684. 
It has been suggested at the idea of this union 
was derived from the confederacy of the Low 
Countries. 

According to the Tory historian Chalmers, this 
confederation " offers the first example of collition 
in colonial story and showed to party leaders in 
after times the advantages of concert." 

Two copies of the acts of the commissioners of 
the United Colonies are extant, the Connecticut 
copy, quite complete, now at Hartford, and the 
Plymouth, slightly incomplete, now at Massachu- 
setts State House. These proceedings have been 
printed from the Plymouth copy with additions 
from the Connecticut copy, constituting vols. 9 and 
10 of Records of the Plymouth Colony, and 
the Plymouth copy is also printed in vol. 2 of 
Hazard's Historical Collections. 

A list of the various commissioners may be 
found in Palfrey's Hist, of N. E., and a full list of 
meetings is given in Frothingham's Rise, 63, note. 

Consult Palfrey's Hist. New England, I., 623 ; 
et seq. Bancroft's Hist. U. S., 1st ed. I., 420; cen. 
ed. I., 340 ; last ed. I., 289 ; Hildretlis Hist. U. S., 
I, 285 ; Barry s Hist. Mass., 1st period, 318 \J. S. 
Adams Historical Address, Mass. Hist. Soc. Coll. 
3d series, vol. ix. Frothingham s Republic U. S., 
39; Bryant and Gay s Hist. U. S., II., 49; Chal- 
mers Political Annals, 177. 



OF AMERICAN HISTORY. 87 

ARTICLES OF CONFEDERATION. 

Betweene the plantations vnder the Gouernment of the 
Massachusetts, the Plantacons vnder the Gouernment 
of New Plymouth, the Plantacons vnder the Gouern 
ment of Connectacutt, and the Gouernment of New- 
Haven with the Plantacons in combinacon therewith. 

Whereas wee all came into these parts of America 
with one and the same end and ayme, namely, to ad- 
vaunce the kingdome of our Lord Jesus Christ, and to 
enjoy the liberties of the Gospell in puritie with peace. 
And whereas in our settleinge (by a wise Providence of 
God) we are further dispersed vpon the Sea Coasts and 
Riuers then was at first intended, so that we cannot ac- 
cording to our desire, with convenience communicate in 
one Gouernment and Jurisdiccon. And whereas we live 
encompassed with people of seuerall Nations and Strang 
languages which heareafter may proue injurious to vs or 
our posteritie. And forasmuch as the Natives have 
formerly committed sondry insolences and outrages vpon 
seueral Plantacons of the English and have of late com- 
bined themselues against vs. And seing by reason of 
those sad Distraccons in England, which they have 
heard of, and by which they know we are hindred from 
that humble way of seekinge advise or reapeing those 
comfortable fruits of protection which at other tymes we 
might well expecte. Wee therefore doe conceiue it our 
bounden Dutye without delay to enter into a present 
consotiation amongst our selues for mutual help and 
strength in all our future concernements : That as in 
Nation and Religion, so in other Respects we bee and 
continue one according to the tenor and true meaninge 
of the ensuing Articles : Wherefore it is fully agreed and 
concluded by and betweene the parties or Jurisdiccons 
aboue named, and they joyntly and seuerally doe by 
these presents agreed and concluded that they all bee, 



88 DOCUMENTS ILLUSTRATIVE 

and henceforth bee called by the Name of the United 
Colonies of New-England. 

II. The said United Colonies, for themselues and 
their posterities, do joyntly and seuerally, hereby enter 
into a firme and perpetuall league of friendship and 
amytie, for offence and defence, mutuall advise and suc- 
cour, vpon all just occations, both for preserueing and 
propagateing the truth and liberties of the Gospel, and 
for their owne mutuall safety and wellfare. 

III. It is futher agreed That the Plantacons which at 
present are or hereafter shalbe settled within the lim- 
metts of the Massachusetts, shalbe forever vnder the 
Massachusetts, and shall have peculiar Jurisdiccon among 
themselues in all cases as an entire Body, and that Ply- 
mouth, Connecktacutt, and New Haven shall eich of 
them haue like peculier Jurisdiccon and Gouernment 
within their limmetts and in referrence to the Plantacons 
which already are settled or shall hereafter be erected or 
shall settle within their limmetts respectiuely ; prouided 
that no other Jurisdiccon shall hereafter be taken in as a 
distinct head or member of this Confederacon, nor shall 
any other Plantacon or Jurisdiccon in present being and 
not already in combynacon or vnder the Jurisdiccon of 
any of these Confederats be received by any of them, 
nor shall any two of the Confederats joyne in one Juris- 
diccon without consent of the rest, which consent to be 
interpreted as is expressed in the sixth Article ensuinge. 

IV. It is by these Confederats agreed that the charge 
of all just warrs, whether offensiue or defensiue, upon 
what part or member of this Confederaccon soever they 
fall, shall both in men and provisions, and all other Dis- 
bursements, be borne by all the parts of this Confedera- 
con, in different proporcons according to their different 
abilitie, in manner following, namely, that the Commis- 
sioners for eich Jurisdiccon from tyme to tyme, as there 
shalbe occation, bring a true account and number of all 
the males in every Plantacon, or any way belonging to. 



OF AMERICAN HISTORY. 



8 9 



or under their seuerall Jurisdiccons, of what quality or 
condicion soeuer they bee, from sixteene yeares old to 
threescore, being Inhabitants there. And That according 
to the different numbers which from tyme to tyme shal- 
be found in eich Jurisdiccon, upon a true and just ac- 
count, the service of men and all charges of the warr be 
borne by the Poll: Eich Jurisdiccon, or Plantacon, being 
left to their owne just course and custome of rating 
themselues and people according to their different 
estates, with due respects to their qualites and exemp- 
tions among themselues, though the Confederacon take 
no notice of any such priviledg : And that according to 
their differrent charge of eich Jurisdiccon and Plantacon, 
the whole advantage of the warr (if it please God to bless 
their Endeavours) whether it be in lands, goods or per- 
sons, shall be proportionably deuided among the said 
Confederats. 

V. It is further agreed That if any of these Jurisdic- 
cons, or any Plantacons vnder it, or in any combynacon 
with them be envaded by any enemie whomsoeuer, vpon 
notice and request of any three majestrats of that Juris- 
diccon so invaded, the rest of the Confederates, without 
any further meeting or expostulacon, shall forthwith send 
ayde to the Confederate in danger, but in different pro- 
porcons ; namely, the Massachusetts an hundred men 
sufficiently armed and provided for such a service and 
jorney, and eich of the rest fourty-fiue so armed and pro- 
vided, or any lesse number, if lesse be required, accord- 
ing to this proporcon. But if such Confederate in 
danger may be supplyed by their next Confederate, not 
exceeding the number hereby agreed, they may craue 
help there, and seeke no further for the present. The 
charge to be borne as in this Article is exprest : And, at 
the returne, to be victualled and supplyed with poder 
and shott for their journey (if there be neede) by that 
Jurisdiccon which employed or sent for them : But 
none of the Jurisdiccons to exceed these numbers till by 



90 



DOCUMENTS ILLUSTRATIVE 



a meeting of the Commissioners for this Confederacon a 
greater ayd appeare necessary. And this proporcon to 
continue, till upon knowledge of greater numbers in eich 
Jurisdiccon which shalbe brought to the next meeting 
some other proporcon be ordered. But in any such case 
of sending men for present ayd whether before or after 
such order or alteracon, it is agreed that at the meeting 
of the Commissioners for this Confederacon, the cause 
of such warr or invasion be duly considered : And if it 
appeare that the fault lay in the parties so invaded, that 
then that Jurisdiccon or Plantacon make just Satisfac- 
con, both to the Invaders whom they have injured, and 
beare all the charges of the warr themselves without re- 
quiring any allowance from the rest of the Confederats 
towards the same. And further, that if any Jurisdiccon 
see any danger of any Invasion approaching, and there 
be tyme for a meeting, that in such case three majestrats 
of that Jurisdiccon may summon a meeting at such con- 
venyent place as themselues shall think meete, to con- 
sider and provide against the threatned danger, Provided 
when they are met they may remoue to what place they 
please, Onely whilst any of these foure Confederats have 
but three majestrats in their Jurisdiccon, their request or 
summons from any two of them shalbe accounted of 
equall force with the three mentoned in both the clauses 
of this Article, till there be an increase of majestrats 
there. 

VI. It is also agreed that for the mannaging and con- 
cluding of all affairs proper and concerneing the whole 
Confederacon, two Commissioners shalbe chosen by and 
out of eich of these foure Jurisdiccons, namely, two for 
the Mattachusetts, two for Plymouth, two for Connec- 
tacutt and two for New Haven ; being all in Church fel- 
lowship with us, which shall bring full power from their 
seuerall generall Courts respectively to heare, examine, 
weigh and determine all affaires of our warr or peace, 
leagues, ayds, charges and numbers of men for warr, di- 



OF AMERICAN HIS TOR Y. g r 

vission of spoyles and whatsoever is gotten by conquest, 
receiueing of more Confederats for plantacons into com-' 
binacon with any of the Confederates, and all thinges of 
like nature which are the proper concomitants or conse- 
quence of such a confederacon, for amytie, offence and 
defence, not intermeddleing with the gouernment of any 
of the Jurisdiccons which by the third Article is preserued 
entirely to themselves. But if these eight Commission-' 
ers, when they meete, shall not all agree, yet it is con- 
cluded that any six of the eight agreeing shall have power 
to settle and determine the business in question : But 
if six do not agree, that then such proposicons with their 
reasons, so farr as they have beene debated, be sent and 
referred to the foure generall Courts, vizt. the Matta- 
chusetts, Plymouth, Connectacutt, and New Haven: 
And if at all the said Generall Courts the businesse so 
referred be concluded, then to bee prosecuted by the Con- 
federates and all their members. It is further agreed 
that these eight Commissioners shall meete once every 
yeare, besides extraordinary meetings (according to the 
fift Article) to consider, treate and conclude of all 
affaires belonging to this Confederacon, which meeting 
shall ever be the first Thursday in September. And that 
the next meeting after the date of these presents, which 
shalbe accounted the second meeting, shalbe at Bostone 
in the Massachusetts, the third at Hartford, the fourth 
at New Haven, the fift at Plymouth, the sixt and 
seaventh at Bostone. And then Hartford, New Haven 
and Plymouth, and so in course successiuely, if in the 
meane tyme some middle place be not found out and 
agreed on which may be commodious for all the juris- 
diccons. 

VII. It is further agreed that at eich meeting of these 
eight Commissioners, whether ordinary or extraordinary, 
they, or six of them agreeing, as before, may choose 
their President out of themselues, whose office and 
worke shalbe to take care and direct for order and a 



9 2 



DOCUMENTS ILLUSTRATIVE 



comely carrying on of all proceedings in the present 
meeting. But he shalbe invested with no such power 
or respect as by which he shall hinder the propounding 
or progresse of any businesse, or any way cast the Scales, 
otherwise then in the precedent Article is agreed. 

VIII. It is also agreed that the Commissioners for 
this Confederacon hereafter at their meetings, whether 
ordinary or extraordinary, as they may have commission 
or opertunitie, do endeavoure to frame and establish 
agreements and orders in generall cases of a civill nature 
wherein all the plantacons are interested for preserving 
peace among themselues, and preventing as much as may 
bee all occations of warr or difference with others, as 
about the free and speedy passage of Justice in every 
Jurisdiccon, to all the Confederats equally as their owne, 
receiving those that remoue from one plantacon to an- 
other without due certefycats ; how all the Jurisdiccons 
may carry it towards the Indians, that they neither grow 
insolent nor be injured without due satisfaccion, lest 
warr break in vpon the Confederates through such mis- 
carryage. It is also agreed that if any servant runn away 
from his master into any other of these confederated 
Jurisdiccons, That in such Case, vpon the Certyficate of 
one Majistrate in the Jurisdiccon out of which the said 
servant fled, or upon other due proofe, the said servant 
shalbe deliuered either to his Master or any other that 
pursues and brings such Certificate or proofe. And that 
vpon the escape of any prisoner whatsoever or fugitiue 
for any criminal cause, whether breaking prison or get- 
ting from the officer or otherwise escaping, upon the cer- 
tificate of two Majistrats of the Jurisdiccon out of which 
the escape is made that he was a prisoner or such an of- 
fender at the tyme of the escape. The Majestrates or 
some of them of that Jurisdiccon where for the present 
the said prisoner or fugitive abideth shall forthwith 
graunt such a warrant as the case will beare for the ap- 
prehending of any such person, and the delivery of him 



OF AMERICAN HISTORY. 



93 



into the hands of the officer or other person that pursues 
him. And if there be help required for the safe returne- 
ing of any such offender, then it shalbe graunted to him 
that craves the same, he paying the charges thereof. 

IX. And for that the just est warrs may be of danger- 
ous consequence, espetially to the smaler plantacons in 
these vnited Colonies, It is agreed that neither the Mas- 
sachusetts, Plymouth, Connectacutt nor New-Haven, 
nor any of the members of any of them shall at any 
tyme hereafter begin, undertake, or engage themselues 
or this Confederacon, or any part thereof in any warr 
whatsoever (sudden exegents with the necessary conse- 
quents thereof excepted) which are also to be moderated 
as much as the case will permit) without the consent and 
agreement of the forenamed eight Commissioners, or at 
least six of them, as in the sixt Article is provided : 
And that no charge be required of any of the Confed- 
erats in case of a defensiue warr till the said Commis- 
sioners haue mett and approued the justice of the warr, 
and have agreed vpon the sum of money to be levyed, 
which sum is then to be payd by the severall Confed- 
erates in proporcon according to the fourth Article. 

X. That in extraordinary occations when meetings 
are summoned by three Majistrats of any Jurisdiccon, or 
two as in the fift Article, If any of the Commissioners 
come not, due warneing being given or sent, It is agreed 
that foure of the Commissioners shall have power to di- 
rect a warr which cannot be delayed and to send for due 
proporcons of men out of eich Jurisdiccon, as well as six 
might doe if all mett ; but not less than six shall deter- 
mine the justice of the warr or allow the demanude of 
bills of charges or cause any levies to be made for the 
same. 

XI. It is further agreed that if any of the Confeder- 
ates shall hereafter break any of these present Articles, 
or be any other wayes injurious to any one of thother 
Jurisdiccons, such breach of Agreement, or injurie, shal 



94 



DOCUMENTS ILLUSTRATIVE 



be duly considered and ordered by the Commissioners 
for thother Jurisdiccons, that both peace and this pres- 
ent Confederacon may be entirely preserued without 
violation. 

XII. Lastly, this perpetuall Confederacon and the sev- 
eral Articles and Agreements thereof being read and 
seriously considered, both by the Generall Court for the 
Massachusetts, and by the Commissioners for Plymouth, 
Connectacutt and New Haven, were fully allowed and 
confirmed by three of the forenamed Confederates, 
namely, the Massachusetts, Connectacutt and New- 
Haven, Onely the Commissioners for Plymouth, having 
no Commission to conclude, desired respite till they 
might advise with their Generall Court, wherevpon it 
was agreed and concluded by the said court of the Massa- 
chusetts, and the Commissioners for the other two Con- 
federates, That if Plymouth Consent, then the whole 
treaty as it stands in these present articles is and shall 
continue firme and stable without alteracon : But if Ply- 
mouth come not in, yet the other three Confederates 
doe by these presents confirme the whole Confederacon 
and all the Articles thereof, onely, in September next, 
when the second meeting of the Commissioners is to be 
at Bostone, new consideracon may be taken of the sixt 
Article, which concernes number of Commissioners for 
meeting and concluding the affaires of this Confederacon 
to the satisfaccon of the court of the Massachusetts, and 
the Commissioners for thother two Confederates, but the 
rest to stand vnquestioned. 

In testymony whereof, the Generall Court of the Mas- 
sachusetts by their Secretary, and the Commissioners 
for Connectacutt and New-Haven haue subscribed these 
presente articles, this xixth of the third month, com- 
monly called May, Anno Domini, 1643. 

At a Meeting of the Commissioners for the Confed- 
eracon, held at Boston, the Seaventh of September. It 
appeareing that the Generall Court of New Plymouth, 



OF AMERICA AT HIS TOR Y. gc 

and the severall Towneships thereof have read, consid- 
ered and approoued these articles of Confederacon, as 
appeareth by Comission from their Generall Court beare- 
ing Date the xxixth of August, 1643, to Mr. Edward 
Winslowe and Mr. Will Collyer, to ratifye and confirme 
the same on their behalf, wee therefore, the Comission- 
ers for the Mattachusetts, Conecktacutt and New 
Haven, doe also for our seuerall Gouernments, subscribe 
vnto them. 

JOHN WINTHROP, governor of Massachusetts, 
THO. DUDLEY, THEOPH. EATON, 

GEO. FENWICK, EDWA. HOPKINS, 

THOMAS GREGSON. 



96 



DOCUMENTS ILLUSTRATIVE 



CHARTER OF CONNECTICUT— 1662. 

On the accession of Chas. II. Connecticut ap- 
pointed John Winthrop, one of the first settlers, 
her agent to solicit from the king a royal charter. 
His mission was successful and the patent was 
sealed April 20, 1662. This charter was remark- 
able for its liberality — " all that Massachusetts had 
given displeasure by claiming for herself was now 
expressly allowed to the new colony." (Palfrey.) 
" It confirmed to the colonists the unqualified 
power to govern themselves, which they had as- 
sumed from the beginning. Nothing was changed 
in their internal administration, nor in their rela- 
tion to the crown." "The king, far from reserv- 
ing a negative on their laws, did not even require 
that they should be transmitted for his inspection ; 
and no provision was made for the interference of 
the English government in any event whatever. 
Connecticut was independent except in name." 
(Bancroft.) 

In commenting on the charters of Connecticut 
and R. I., the tory historian Chalmers remarks : 
" Thus was established in R. I. and Ct. a mere 
democracy, or rule of the people. Every power, 
as well deliberative as active, was invested in the 
freemen of the corporation or their delegates ; and 
the supreme executive magistrate of the empire, 
by an inattention which does little honour to the 



OF AMERICAN HISTORY. 



97 



statesmen of those days, was wholly excluded." 
During the administration of Sir Edmund Adros 
the charter government was suspended, but on his 
overthrow it was re-established and the charter 
was not abrogated by a state constitution till 
1818. 

Consult Palfrey's N. E. II., 540; Chalmers' 
Political Annals, 293 ; Bancroft's U. S., isted. II., 
54; Cen. ed. I., 421 ; lasted., I., 358 ; Hildreth's 
U. S., I., 456 ; Bryant and Gay's U. S., II., 255. 

CHARTER OF CONNECTICUT— 1662. 

CHARLES the Second, by the Grace of GOD, King 
of England, Scotland, France, and Ireland, Defender of 
the Faith, etc. To all to whom these Presents shall 
come, Greeting. 

Whereas by the several Navigations, Discoveries, and 
Success fid Plantations of divers of Our loving Subjects of 
this Our Realm of England, several Lands, Islands, Places, 
Colonies, and Plantations have been obtained and settled in 
that Part of the Continent of America called New-Eng- 
land, and thereby the Trade and Commerce there, hath been 
of late Years much increased : And whereas We have 
been informed by the humble Petition of our Trusty and Well 
beloved John Winthrop, John Mason, Samuel Wyllys, 
Henry Clarke, Matthew Allyn, John Tapping, Nathan 
Gold, Richard Treat, Richard Lord, Henry Wolcott,. 
John Talcott, Daniel Clarke, John Ogden, Thomas 
Wells, Obadiah Bruen, John Clarke, Anthony Hawkins, 
John Deming, and Matthew Camfield, being Persons 
principally interested in Our Colony or Plantation of Con- 
necticut, in New-England, that the same Colony, or the 
greatest part thereof, was Purchased and obtained for 
great and valuable Considerations, and some other Part 
7 



98 DOCUMENTS ILL USTRA TIVE 

thereof gained by Conquest, and with much difficulty, and 
at the only Endeavors, Expence, and Charges of them and 
their Associates, and those under whom they Claim, Sub- 
dued, and Improved, and thereby become a considerable 
Enlargement and Addition of Onr Dominions and Interest 
there. Now KNOW Ye, That in Consideration thereof, 
and in Regard the said Colony is remote from other the 
English Plantations in the Places aforesaid, and to the 
End the Affairs and Business which shall from Time to 
Time happen or arise concerning the same, may be duly 
Ordered and Managed, we have thought fit, and at the 
humble Petition of the Persons aforesaid, and are gra- 
ciously Pleased to create and make them a Body Politick 
and Corporate, with the Powers and Privileges herein 
after mentioned ; and accordingly Our Will and Pleas- 
ure is, and of our especial Grace, certain Knowledge, 
and meer Motion, We have ordained, constituted and 
declared, and by these Presents, for Us, Our Heirs and 
Successors, Do ordain, constitute and declare, that they 
the said John Winthrop, JoJin Mason, Samuel Wyllys, 
Henry Clarke, Matthew Allyn, John Tapping, Nathan 
Gold, Richard Treat, Richard Lord, Henry Wolcott, 
John Talcott, Daniel Clarke, John Ogden, Thomas 
Wells, Obadiah Bruen, John Clarke, Anthony Haw- 
kins, John Deming, and Matthew Camfield, and all 
such others as now are, or hereafter shall be admitted 
and made Free of the Company and Society of Our Col- 
ony of Connecticut, in America, shall from Time to Time, 
and for ever hereafter, be One Body Corporate and Pol- 
itick, in Fact and Name, by the Name of, Governor and 
Company of the English Colony of Connecticut in New. 
England, in America ; and that by the same Name they 
and their Successors shall and may have perpetual Suc- 
cession, and shall and may be Persons able and capable 
in the Law, to plead and be impleaded, to answer and to 
be answered unto, to defend and be defended in all and 
singular Suits, Causes, Quarrels, Matters, actions, and 



OF AMERICAN HISTORY. 



99 



Things, of what Kind or Nature soever; and also to 
have, take, possess, acquire, and purchase Lands, Tene- 
ments, or Hereditaments, or any Goods, or Chattels, and 
the same to lease, grant, demise, alien, bargain, sell, and 
dispose of, as other Our liege People of this Our Realm 
of England, or any other Corporation or Body Politick 
within the same may lawfully do. And further, That 
the said Governor and Company, and their Successors, 
shall and may forever hereafter have a common Seal, to 
serve and use for all Causes, Matters, Things, and affairs 
whatsoever, of them and their Successors, and the same 
Seal, to alter, change, break, and make new from Time to 
Time, at their Wills and Pleasures, as they shall think fit. 
And further, We will and ordain, and by these Presents, 
for us, our Heirs and Successors, do declare and appoint, 
that for the better ordering and managing of the Affairs 
and Business of the said Company and their Successors, 
there shall be One Governor, One Deputy-Governor, and 
Twelve Assistants, to be from time to Time constituted, 
elected and chosen out of the Freemen of the said Com- 
pany for the Time being, in such Manner and Form as 
hereafter in these Presents is expressed, which said 
Officers shall apply themselves to take Care for the best 
disposing and ordering of the general Business and affairs 
of and concerning the Land and Hereditaments herein 
after mentioned to be granted, and the Plantation thereof, 
and the Government of the People thereof : And for the 
better Execution of Our Royal Pleasure herein, We do, 
for Us, Our Heirs, and Successors, assign, name, consti- 
tute and appoint the aforesaid John Winthrop to be the 
first and present Governor of the said Company, and the 
said John Mason, to be the Deputy-Governor, and the 
said Samuel Wyllys, Matthew Ally n, Nathan Gold, Henry 
Clarke, Richard Treat, John Ogden, John Tapping, John 
Talcott, Thomas Wells, Henry Wolcott, Richard Lord, and 
Daniel Clarke, to be the Twelve present assistants of the 
said Company, to continue in the said several Offices re- 



1 00 DOCUMENTS ILL USTRA TIVE 

spectively, until the second Thursday which shall be in 
the Month of October now next coming. And further 
We Will, and by these Presents for Us, Our Heirs, and 
Successors, Do ordain and grant, That the Governor of 
the said Company for the Time being, or in his Absence 
by occasion of Sickness, or otherwise by his Leave or 
Permission, the Deputy-Governor for the Time being, 
shall and may from Time to Time upon all Occasions, 
give Order for the assembling of the said Company, and 
calling them together to consult and advise of the Busi- 
ness and Affairs of the said Company, and that for ever 
hereafter, twice in every Year, That is to say, On every 
Second Thursday in October, and on every Second Thurs- 
day in May, or oftener in case it shall be requisite ; the 
Assistants, and Freemen of the said Company, or such 
of them (not exceeding Two Persons from each Place, 
Town, or City) who shall be from Time to Time there- 
unto elected or deputed by the major Part of the Free- 
men of the respective Towns, Cities, and Places for which 
they shall be elected or deputed, shall have a General 
Meeting, or Assembly, then and there to consult and ad- 
vise in and about the Affairs and Business of the said 
Company : and that the Governor, or in his Absence the 
Deputy-Governor of the said Company for the Time be- 
ing, and such of the Assistants and Freemen of the said 
Company as shall be so elected or deputed, and be pres- 
ent at such Meeting or Assembly, or the greatest Num- 
ber of them, whereof the Governor or Deputy-Gov- 
ernor, and Six of the Assistants at least, to be Seven, 
shall be called the General Assembly, and shall have 
full Power and authority to alter and change their Days 
and Times of Meeting, or General Assemblies, for elect- 
ing the Governor, Deputy-Governor, and Assistants of 
other Officers, or any other Courts, Assemblies or Meet- 
ings, and to choose, nominate and appoint such and so 
many other Persons as they shall think fit, and shall be 
willing to accept the same, to be Free of the said Com- 



OF AMERICAN H1ST0R Y. IO t 

pany and Body Politick, and them into the same to admit; 
And to elect and constitute such Officers as they shall 
think fit and requisite for the ordering, managing and 
disposing of the Affairs of the said Governor and Com- 
pany, and their Successors : And we do hereby for Us, 
Our Heirs and Successors, establish and ordain, That 
once in the Year for ever hereafter, Namely, the said 
Second Thursday in May, the Governor, Deputy-Gov- 
ernor, and Assistants of the said Company, and other 
Officers of the said Company, or such of them as the 
said General Assembly shall think fit, shall be in the 
said General Court and Assembly to be held from that 
Day or Time, newly chosen for the Year ensuing, by such 
greater Part of the said Company for the Time being, 
then and there present ; and if the Governor, Deputy- 
Governor, and Assistants by these Presents appointed, or 
such as hereafter be newly chosen into their Rooms, or 
any of them, or any other the Officers to be appointed for 
the said Company shall die, or be removed from his or their 
several Offices or Places before the said general Day of 
Election, whom We do hereby declare for any Misde- 
meanor or Default, to be removable by the Governor, 
Assistants, and Company, or such greater Part of them in 
any of the said public Courts to be assembled, as is afore- 
said, that then and in every such Case, it shall and may 
be lawful to and for the Governor, Deputy-Governor, and 
Assistants, and Company aforesaid, or such greater Part 
of them so to be assembled, as is aforesaid, in any of their 
Assemblies, to proceed to a new Election of one or more 
of their Company, in the Room or Place, Rooms or 
Places of such Governor, Deputy-Governor, Assistant, or 
other Officer or Officers so dying or removed, according 
to their Discretions, and immediately upon and after 
such Election or Elections made of such Governor, Dep- 
uty-Governor, Assistant or Assistants, or any other Offi- 
cer of the said Company, in Manner and Form aforesaid, 
the Authority, Office and Power before given to the 



1 02 DOCUMENTS ILL USTRA TIVE 

former Governor, Deputy-Governor, or other Officer and 
Officers so removed, in whose Stead and Place new shall 
be chosen, shall as to him and them, and every of them 
respectively, cease and determine. Provided also, And 
Our Will and Pleasure is, That as well such as are by 
these Presents appointed to be the present Governor, 
Deputy-Governor, and Assistants of the said Company, 
as those that shall succeed them, and all other Officers 
to be appointed and chosen, as aforesaid, shall before 
they undertake the Execution of their said Offices and 
Places respectively, take their several and respective cor- 
poral Oaths for the due and faithful Performance of their 
Duties, in their several Offices and Places, before such 
Person or Persons as are by these Presents hereafter ap- 
pointed to take and receive the same ; That is to say. 
The said John Winthrop, who is herein before nominated 
and appointed the present Governor of the said Com- 
pany, shall take the said Oath before One or more of the 
Masters of Our Court of Chancery for the Time being, 
unto which Master of Chancery, We do by these Pres- 
ents give full Power and Authority to administer the 
said Oath to the said John Winthrop accordingly : And 
the said John Mason, who is herein before nominated and 
appointed the present Deputy-Governor of the said 
Company, shall take the said Oath before the said John 
Winthrop, or any Two of the Assistants of the said Com- 
pany, unto whom We do by these Presents give full 
Power and Authority to administer the said Oath to the 
said John Mason accordingly : And the said Samuel 
Wyllys, Henry Clarke, Matthew Allyn, John Tapping, Na- 
than Gold, Richard Treat, Richard Lord, Henry Wolcott, 
John Talcott, Daniel Clarke, John Ogden, and Thomas 
Wells, who are herein before nominated and appointed 
the present Assistants of the said Company, shall take 
the Oath before the said John Winthrop, and John Mason, 
or One of them, to whom We do hereby give full Power 
and Authority to administer the same accordingly. 



OF AMERICAN HISTOR Y. l Q , 

And Our further Will and Pleasure is, that all and every 
Governor, or Deputy-Governor to be elected and chosen 
by Virtue of these Presents, shall take the said Oath be- 
fore Two or more of the Assistants of the said Company 
for the Time being, unto whom We do by these Presents 
give full Power and Authority to give and administer 
the said Oath accordingly ; and the said Assistants, and 
every of them, and all and every other Officer or Officers 
to be hereafter chosen from Time to Time, to take the 
said Oath before the Governor, or Deputy-Governor for 
the Time being, unto which Governor, or Deputy-Gov- 
ernor, We do by these Presents give full Power and Au- 
thority to administer the same accordingly. And fur- 
ther, Of Our more ample Grace, certain Knowledge, and 
meer Motion, We have given and granted, and by these 
presents for Us, Our Heirs and Successors, do give and 
grant unto the said Governor and Company of the Eng- 
lish Colony of Connecticut , in New England, in America, 
and to every Inhabitant there, and to every Person and 
Persons trading thither, and to every such Person and 
Persons as are or shall be Free of the said Colony, full 
Power and Authority from Time to Time, and at all 
Times hereafter, to take, Ship, Transport and carry away 
for and towards the Plantation and Defence of the said 
Colony, such of Our loving Subjects and Strangers, as 
shall or will willingly accompany them in, and to their 
said Colony and Plantation, except such Person and Per- 
sons as are or shall be therein restrained by Us, Our 
Heirs and Successors ; and also to ship and transport all, 
and all Manner of Goods, Chattels, Merchandises, and 
other Things whatsoever that are or shall be useful or 
necessary for the Inhabitants of the said Colony, and 
may lawfully be transported thither; Nevertheless, not to 
be discharged of Payment to Us, our Heirs and Suc- 
cessors, of the Duties, Customs and Subsidies which are 
or ought to be paid or payable for the same. And fur- 
ther, Our Will and Pleasure is, and We do for Us, Our 



104 DOCUMENTS ILLUSTRATIVE 

Heirs and Successors, ordain, declare, and grant unto the 
said Governor and Company, and their Successors, That 
all and every the Subjects of Us, Our Heirs, or Suc- 
cessors, which shall go to inhabit within the said Colony, 
and every of their Children, which shall happen to be 
born there, or on the Seas in going thither, or returning 
from thence, shall have and enjoy all Liberties and Im- 
munities of free and natural Subjects within any the 
Dominions of Us, Our Heirs or Successors, to all Intents, 
Constructions and Purposes whatsoever, as if they and 
every of them were born within the realm of England ; 
And We do authorize and impower the Governor, or in 
his Absence the Deputy-Governor for the Time being, 
to appoint Two or more of the said Assistants at any of 
their Courts or Assemblies to be held as aforesaid, to 
have Power and Authority to administer the Oath of 
Supremacy and Obedience to all and every Person and 
Persons which shall at any Time or Times hereafter go 
or pass into the said Colony of Connecticut, unto which 
said Assistants so to be appointed as aforesaid, We do 
by these Presents give full Power and Authority to ad- 
minister the said Oath accordingly. And We do fur- 
ther of Our especial Grace, certain Knowledge, and meer 
Motion, give, and grant unto the said Governor and 
Company of the English Colony of Connecticut, 
in New England, in America, and their Successors, 
That it shall and may be lawful to and for the Gov- 
ernor, or Deputy-Governor, and such of the Assist- 
ants of the said Company for the Time being 
as shall be assembled in any of the General Courts afore- 
said, or in any Courts to be especially summoned or as- 
sembled for that Purpose, or the greater part of them, 
whereof the Governor, or Deputy-Governor, and Six of 
the Assistants to be always Seven, to erect and make 
such Judicatories, for the hearing, and determining of 
all Actions, Causes, Matters, and Things happening 
within the said Colony, or Plantation, and which shall be 



OF AMERICAN HISTORY. 



I05 



in Dispute, and Depending there, as they shall think Fit, 
and Convenient, and also from Time to Time to Make, 
Ordain, and Establish all manner of wholesome, and 
reasonable Laws, Statutes, Ordinances, Directions, and 
Instructions, not Contrary to the Laws of this Realm of 
England, as well for settling the Forms, and Ceremonies 
of Government, and Magistracy, fit and necessary for the 
said Plantation, and the Inhabitants there, as for Nam- 
ing, and Stiling all Sorts of Officers, both Superior and 
Inferior, which they shall find Needful for the Govern- 
ment, and Plantation of the said Colony, and the dis- 
tinguishing and setting forth of the several Duties, Pow- 
ers, and Limits of every such Office and Place, and the 
Forms of such Oaths not being contrary to the Laws and 
Statutes of this Our Realm of England, to be adminis- 
tered for the Execution of the said several Offices and 
Places as also for the disposing and ordering of the Elec- 
tion of such of the said Officers as are to be annually 
chosen, and of such others as shall succeed in case of 
Death or Removal, and administering the said Oath to 
the newly-elected Officers, and granting necessary Com- 
missions, and for Imposition of lawful Fines, Mulcts, 
Imprisonment or other Punishment upon Offenders and 
Delinquents according to the Course of other Corpora- 
tions within this our Kingdom of England, and the same 
Laws, Fines, Mulcts and Executions, to alter, change, 
revoke, annul, release, or pardon under their Common 
Seal, as by the said General Assembly, or the major Part 
of them shall be thought fit, and for the directing, ruling 
and disposing of all other Matters and things, whereby 
Our said People, Inhabitants there, may be so religiously, 
peaceably and civilly governed, as their good Life and 
orderly Conversation may win and invite the Natives of 
the Country to the Knowledge and Obedience of the only 
true GOD, and the Saviour of Mankind, and the Chris- 
tian Faith, which in Our Royal Intentions, and the ad- 
venturers free Possession, is the only and principal End 



1 6 DOCUMENTS ILL USTKA TIVE 

of this Plantation ; willing, commanding and requiring, 
and by these Presents for Us, Our Heirs and Successors, 
ordaining and appointing, that all such Laws, Statutes 
and Ordinances, Instructions, Impositions, and Direc- 
tions as shall be so made by the Governor, Deputy-Gov- 
ernor, and Assistants as aforesaid, and published in 
Writing under their Common Seal, shall carefully 
and duly be observed, kept, performed, and put in 
Execution, according to the true Intent and Mean- 
ing of the same, and these Our Letters Patents 
or the Duplicate, or Exemplification thereof, shall be to 
all and every such Officers, Superiors and Inferiors from 
Time to Time, for the putting of the same Orders, 
Laws, Statutes, Ordinances, Instructions, and Directions 
in due Execution, against Us, Our Heirs and Successors, 
a sufficient Warrant and Discharge. And We do 
further for Us, Our Heirs and Successors, give and 
grant into the said Governor and Company, and their 
Successors, by these Presents, That it shall and may be 
lawful to, and for the Chief Commanders, Governors and 
Officers of the said Company for the Time being, who 
shall be resident in the Parts of New-England hereafter 
mentioned, and others inhabiting there, by their Leave, 
Admittance, Appointment, or Direction, from Time to 
Time, and at all Times hereafter, for their special De- 
fence and Safety, to Assemble, Martial-Array, and put 
in warlike Posture the Inhabitants of the said Colony, 
and to Commissionate, Impower, and Authorize such 
Person or Persons as they shall think fit, to lead and 
conduct the said Inhabitants, and to encounter, expulse, 
repel and resist by Force of Arms, as well by Sea as by 
Land, and also to kill, slay, and destroy by all fitting 
Ways, Enterprises, and Means whatsoever, all and every 
such Person or Persons as shall at any Time hereafter 
attempt or enterprize the Destruction, Invasion, Det- 
riment, or Annoyance of the said Inhabitants or Plan- 
tation, and to use and exercise the Law Martial in such 



OF AMERICAN HISTORY. 



I07 



Cases only as Occasion shall require ; and to take or 
surprize by all Ways and Means whatsoever, all and 
every such Person and Persons, with their Ships, Ar- 
mour, Ammunition and other Goods of such as shall in 
such hostile Manner invade or attempt the defeating of 
the said Plantation, or the hurt of the said Company 
and Inhabitants, and upon just Causes to invade and 
destroy the Natives, or other Enemies of the said Colony. 
Nevertheless, Our Will and Pleasure is, and We do 
hereby declare unto all Christian Kings, Princes, and 
States, that if any Persons which shall hereafter be of 
the said Company or Plantation, or any other by Ap- 
pointment of the said Governor and Company for the 
Time being, shall at any Time or Times hereafter rob 
or spoil by Sea or by Land, and do any Hurt, Violence 
or unlawful Hostility to any of the Subjects of Us, Our 
Heirs or Successors, or any of the Subjects of any Prince 
or State, being then in League with Us, Our Heirs or 
Successors, upon Complaint of such Injury done to any 
such Prince or State, or their Subjects, We, Our Heirs 
and Successors will make open Proclamation within any 
Parts of Our Realm of England fit for that Purpose, that 
the Person or Persons committing any such Robbery or 
Spoil, shall within the Time limited by such Proclama- 
tion, make full Restitution or Satisfaction of all such 
Injuries done or committed, so as the said Prince, or 
others so complaining may be fully satisfied and con- 
tented ; and if the said Person or Persons who shall 
commit any such Robbery or Spoil shall not make Satis- 
faction accordingly, within such Time so to be limited, 
that then it shall and may be lawful for Us, Our Heirs 
and Successors, to put such Person or Persons out of 
Our Allegiance and Protection ; and that it shall and 
may be lawful and free for alL Princes or others to prose- 
cute with Hostility such Offenders, and every of them, 
their, and every of their Procurors, Aiders, Abettors 
and Counsellors in that Behalf. Provided also, and Our 
express Will and Pleasure is, and We do by these Pres- 



1 08 DOCUMENTS ILL USTRA TIVE 

ents, for Us, Our Heirs, and Successors, Ordain and 
Appoint, that these Presents shall not in any Manner 
hinder any of Our loving Subjects whatsoever to use 
and exercise the Trade of Fishing upon the Coast of 
Nctv- England 'in America, but they and every or any of 
them shall have full and free Power and Liberty, to 
continue, and use the said Trade of Fishing upon the 
said Coast, in any of the Seas thereunto adjoining, or 
any Arms of the Seas, or Salt Water Rivers where they 
have been accustomed to fish, and to build and set up on 
the waste Land belonging to the said Colony of Connec- 
ticut, such Wharves, Stages, and Work-Houses as shall 
be necessary for the salting, drying, and keeping of 
their Fish to be taken, or gotten upon that Coast, 
any Thing in these Presents contained to the contrary 
notwithstanding. And Know Ye further, That We, of 
Our abundant Grace, certain Knowledge, and mere 
Motion, have given, granted, and confirmed, and by 
these Presents for Us, our Heirs and Successors, do 
give, grant and confirm unto the said Governor and 
Company, and their Successors, all that Part of Our 
Dominions in New-England in America, bounded on the 
East by Narragansct-Rivcr , commonly called Narragan- 
set-Bay, where the said River falleth into the Sea ; and 
on the North by the Line of the Massachusetts Planta- 
tion ; and on the South by the Sea ; and in Longitude 
as the Line of the Massachusetts Colony, running from 
East to West, That is to say, From the said Narraganset- 
Bay on the East, to the South Sea on the West Part, 
with the Islands thereunto adjoining, together with all 
firm Lands, Soils, Grounds, Havens, Ports, Rivers, 
Waters, Fishings, Mines, Minerals, precious Stones, 
Quarries, and all and singular other Commodities, Juris- 
dictions, Royalties, Privileges, Franchises, Prehemin- 
ences, and Hereditaments whatsoever, within the said 
Tract, Bounds, Lands, and Islands, aforesaid, or to them 
or any of them belonging. To have and to hold the same 
unto the said Governor and Company, their Successors 



OF AMERICAN HISTORY 



IO9 



and Assigns for ever, upon Trust, and for the Use and 
Benefit of Themselves and their Associates, Freemen of 
the said Colony, their Heirs and Assigns, to be holden 
of Us, Our Heirs and Successors, as of Our Manor of 
East-Greenwich, in free and common Soccage, and not 
in Capite, nor by Knights Service, yielding and paying 
therefore to Us, Our Heirs and Successors, only the 
Fifth Part of all the Ore of Gold and Silver which from 
Time to Time, and at all times hereafter, shall be there 
gotten, had, or obtained, in Lieu of all Services, Duties, 
and Demands whatsoever, to be to Us, our Heirs, or 
Successors therefore, or thereout rendered, made, or 
paid. And lastly, We do for Us, our Heirs and Succes- 
sors, grant to the said Governor and Company, and their 
Successors, by these Presents, That these Our Letters 
Patents, shall be firm, good and effectual in the Law, 
to all Intents, Constructions, and Purposes whatsoever, 
according to Our true Intent and Meaning herein be- 
fore declared, as shall be construed, reputed and ad- 
judged most favourable on the Behalf, and for the best 
Benefit, and Behoof of the said Governor and Company, 
and their Successors, although express Mention of the 
true Yearly Value or Certainty of the Premises, or of any 
of them, or of any other Gifts or Grants by Us, or by any 
of Our Progenitors, or Predecessors, heretofore made to 
the said Governor and C ompany of the English Colony 
of Connecticut, in New-England, in America, aforesaid, in 
these Presents is not made, or any Statute, Act, Or- 
dinance, Provision, Proclamation, or Restriction hereto- 
fore had, made, enacted, ordained, or provided, or any 
other Matter, Cause, or Thing whatsoever, to the con- 
trary thereof, in any wise notwithstanding. In Witness 
whereof, We have caused these Our Letters to be made 
Patents. Witness Ourself at Westminster, the Three 
and Twentieth Day of April, in the Fourteenth Year of 
our Reign. 

By Writ of Privy Seal, 

HOWARD. 



I IO 



DOCUMENTS ILLUSTRATIVE 



CHARTER OF RHODE ISLAND— 1663. 



In 1644 Roger Williams obtained from the 
colonial commissioners of the Long Parliament a 
patent uniting the three colonies or towns of 
Providence, Portsmouth artd Newport under the 
style of the " Incorporation of Providence Plan- 
tations in Narraganset Bay in New England." 
Under this charter the three towns and Warwick 
formed a general government in 1647. 

Rhode Island, shut out by her neighbors from 
the New England Confederacy, was on this ac- 
count favored the more by the crown, so that 
when John Winthrop obtained a charter for 
Connecticut, John Clarke the agent of Rhode 
Island readily obtained the like for Rhode Island. 
This charter was marked by the same liberality as 
the Connecticut Charter, but passes beyond it in 
ouaranteeing- religious freedom. 

" This charter of government constituting, as it 
then seemed, a pure democracy, and establishing 
a political system which few besides the Rhode 
Islanders themselves believed to be practical, re- 
mained in existence till it became the oldest con- 
stitutional charter in the world." (Bancroft.) 

It was not till 1842 after the so-called Dorr 
W T ar that this charter gave place to a more pop- 
ular constitution, which is still in force. 

Consult Palfrey's New England, II., 562 ; Ar- 



OF AMERICAN HIS TOR Y. m 

nold's Hist. Rhode Island, I., 290; Greene's Short 
Hist. Rhode Island, 40; Bancroft's Hist. U. S., 
1st ed. II., 61; cen. ed., I., 427; last ed., I., 363; 
Hildreth's Hist. U. S., I., 456 ; Bryant and Gay's 
Hist. U. S., II., 112. 

THE CHARTER OF RHODE ISLAND. 

CHARLES the Second, by the Grace of God, King of 
England, Scotland, France and Ireland, Defender of the 
Faith, etc., to all to whom these presents shall come, 
greeting : Whereas, we have been informed, by the hum- 
ble petition of our trusty and well-beloved subject, John 
Clarke, on the behalf of Benjamin Arnold, William 
Brenton, William Codington, Nicholas Easton, William 
Boulston, John Porter, John Smith, Samuel Gorton, 
John Weeks, Roger Williams, Thomas Olney, Gregory 
Dexter, John Coggeshall, Joseph Clarke, Randall Hol- 
den, John Greene, John Roome, Samuel Wildbore, 
William Field, James Barker, Richard Tew, Thomas 
Harris, and William Dyre, and the rest of the purchasers 
and free inhabitants of our island, called Rhode Island, 
and the rest of the colony of Providence Plantations, in 
the Narragansett Bay, in New England, in America, that 
they, pursuing, with peaceable and loyal minds, their 
sober, serious, and religious intentions, of godly edifying 
themselves, and one another, in the holy Christian faith 
and worship, as they were persuaded ; together with the 
gaining over and conversion of the poor ignorant Indian 
natives, in those parts of America, to the sincere pro- 
fession and obedience of the same faith and worship, did 
not only by the consent and good encouragement of our 
royal progenitors, transport themselves out of this king- 
dom of England into America, but also, since their 
arrival there, after their first settlement amongst other 
our subjects in those parts, for the avoiding of discord, 



112 DO CUMENTS ILL USTRA Tl VE 

and those many evils which were likely to ensue upon 
some of those our subjects not being able to bear, in 
these remote parts, their different apprehensions in relig- 
ious concernments, and in pursuance of the aforesaid 
ends, did once again leave their desirable stations and 
habitations, and with excessive labor and travel, hazard 
and charge, did transplant themselves into the midst of 
the Indian natives, who, as we are informed, are the 
most potent princes and people of all that country ; 
where, by the good Providence of God, from whom the 
Plantations have taken their name, upon their labor and 
industry, they have not only been preserved to admira- 
tion, but have increased and prospered, and are seized 
and possessed by purchase and consent of the said na- 
tives, to their full content of such lands, islands, rivers, 
harbors and roads, as are very convenient, both for plan- 
tations, and also for building of ships, supply of pipe- 
staves, and other merchandize ; and which lie very com- 
modious, in many respects, for commerce, and to accom- 
modate our southern plantations, and may much advance 
the trade of this our realm, and greatly enlarge the terri- 
tories thereof ; they having, by near neighborhood to 
and friendly society with the great body of the Narra- 
gansett Indians, given them encouragement, of their own 
accord, to subject themselves, their people and lands, 
unto us ; whereby, as is hoped, there may, in time, by 
the blessing of God upon their endeavors be laid a sure 
foundation of happiness to all America : And whereas, 
in their humble address, they have freely declared, that 
it is much on their hearts (if they may be permitted) to 
hold forth a lively experiment, that a most flourishing 
civil State may stand and best be maintained, and that 
among our English subjects, with a full liberty in relig- 
ious concernments ; and that true piety rightly grounded 
upon gospel principles, will give the best and greatest 
security to sovereignty, and will lay in the hearts of men 
the strongest obligations to true loyalty : Now, know ye r 



OF AMERICAN HISTORY. 



113 



that we, being willing to encourage the hopeful under- 
taking of our said loyal and loving subjects, and to se- 
cure them in the free exercise and enjoyment of all their 
civil and religious rights, appertaining to them, as our 
loving subjects ; and to preserve unto them that liberty, 
in the true Christian faith and worship of God which they 
have sought with so much travail, and with peaceable 
minds, and loyal subjection to our royal progenitors and 
ourselves, to enjoy; and because some of the people and 
inhabitants of the same colony cannot, in their private 
opinions, conform to the public exercise of religion, ac- 
cording to the liturgy, forms and ceremonies of the 
Church of England, or take or subscribe the oaths and 
articles made and established in that behalf ; and for 
that the same, by reason of the remote distances of 
those places, will (as we hope) be no breach of the unity 
and uniformity established in this nation : Have there- 
fore thought fit, and do hereby publish, grant, ordain 
and declare, That our royal will and pleasure is, that no 
person within the said colony, at any time hereafter, 
shall be any wise molested, punished, disquieted, or called 
in question, for any differences in opinion in matters of 
religion, and do not actually disturb the civil peace of 
our said colony ; but that all and every person and per- 
sons may, from time to time, and at all times hereafter, 
freely and fully have and enjoy his and their own judg- 
ments and consciences, in matters of religious concern- 
ments, throughout the tract of land hereafter mentioned, 
they behaving themselves peaceably and quietly, and not 
using this liberty to licentiousness and profaneness, nor 
to the civil injury or outward disturbance of others, any 
law, statute, or clause therein contained, or to be con- 
tained, usage or custom of this realm, to the contrary 
hereof, in any wise, notwithstanding. And that they 
may be in the better capacity to defend themselves, in 
their just rights and liberties, against all the enemies 
of the Christian faith, and others, in all respects, we have 



114 



DOCUMENTS ILLUSTRATIVE 



further thought fit, and at the humble petition of the per- 
sons aforesaid are graciously pleased to declare, That 
they shall have and enjoy the benefit of our late act of 
indemnity and free pardon, as the rest of our subjects in 
other our dominions and territories have; and to create 
and make them a body politic or corporate, with the 
powers and privileges hereinafter mentioned. And ac- 
cordingly our will and pleasure is, and of our especial 
grace, certain knowledge, and mere motion, we have or- 
dained, constituted and declared, and by these presents, 
for us, our heirs and successors, do ordain, constitute 
and declare, That they, the said William Brenton, Will- 
iam Codington, Nicholas Easton, Benedict Arnold, Will- 
iam Boulston, John Porter, Samuel Gorton, John Smith, 
John Weeks, Roger Williams, Thomas Olney, Greg- 
ory Dexter, John Coggeshall, Joseph Clarke, Randall 
Holden, John Greene, John Roome, William Dyre, Sam- 
uel Wildbore, Richard Tew, William Field, Thomas 

Harris, James Barker, Rainsborrow, Williams, 

and John Nickson and all such others as now are, or here- 
after shall be, admitted and made free of the company 
and society of our colony of Providence Plantations, in 
the Narragansett Bay, in New England, shall be, from 
time to time, and forever hereafter, a body corporate 
and politic, in fact and name, by the name of the Gov- 
ernor and Company of the English Colony of Rhode-Isl- 
and and Providence Plantations, in New England, in 
America ; and that, by the same name, they and their 
successors shall and may have perpetual succession, and 
shall and may in all and singular suits, causes, quarrels, 
matters, actions and things, of what kind or nature so- 
ever; and also to have, take, possess, acquire, and be 
persons able and capable, in the law, to sue and be sued, 
to plead and be impleaded, to answer, and be answered 
unto, to defend and to be defended, purchase lands, 
tenements or hereditaments, or any goods or chattels, 
and the same to lease, grant, demise, aliene, bargain, sell 



OF AMERICAN HISTORY. 



H5 



and dispose of, at their own will and pleasure, as other 
our liege people of this our realm of England, or any 
corporation or body politic, within the same, may law- 
fully do. And further, that they the said Governor and 
Company, and their successors, shall and may, forever 
hereafter, have a common seal, to serve and use for all 
matters, causes, things and affairs, whatsoever, of them, 
and their successors ; and the same seal to alter, change, 
break, and make new, from time to time, at their will 
and pleasure, as they shall think fit. And further, we 
will and ordain, and by these presents, for us, our heirs, 
and successors, do declare and appoint that, for the bet- 
ter ordering and managing of the affairs and business of 
the said Company, and their successors, there shall be 
one Governor, one Deputy-Governor and ten Assistants, 
to be from time to time, constitued, elected and chosen, 
out of the freemen of the said Company, for the time 
being, in such manner and form as is hereafter in these 
presents expressed, which said officers shall apply them- 
selves to take care for the best disposing and ordering 
•of the general business and affairs of and concerning 
the lands, and hereditaments hereinafter mentioned to 
be granted, and the plantation thereof, and the govern- 
ment of the people there. And, for the better execution 
of our royal pleasure herein, we do, for us, our heirs and 
successors, assign, name, constitute, and appoint the 
aforesaid Benedict Arnold to be the first and present 
Governor of the said Company, and the said William 
Brenton to be the Deputy-Governor, and the said Will- 
iam Boulston, John Porter, Roger Williams, Thomas 
Olney, John Smith, John Greene, John Coggeshall, 
James Barker, William Field, and Joseph Clarke, to be 
the ten present Assistants of the said Company, to con- 
tinue in the said several offices, respectively, until the 
first Wednesday which shall be in the month of May 
now next coming. And further, we will, and by these 
presents, for us, our heirs and successors, do ordain and 



I 1 6 DOCUMENTS ILL USTKA TIVE 

grant that the Governor of the said Company, for the 
time being, or, in his absence, by occasion of sickness, or 
otherwise, by his leave and permission, the Deputy-Gov- 
ernor, for the time being, shall and may, from time to 
time, upon all occasions, give order for the assembling of 
the said Company, and calling them together, to con- 
sult and advise of the business and affairs of the said 
Company. And that forever hereafter, twice in every 
year, that is to say, on every first Wednesday in the 
month of May, and on every last Wednesday in October, 
or oftener, in case it shall be requisite, the Assistants and 
such of the freemen of the said Company, not exceeding 
six persons for Newport, four persons for each of the 
respective towns of Providence, Portsmouth and War- 
wick, and two persons for each other place, town or city, 
who shall be, from time to time, thereunto elected or 
deputed by the major part of the freemen of the respect- 
ive towns or places for which they shall be so elected 
or deputed, shall have a general meeting or assembly, 
then and there to consult, advise and determine, in and 
about the affairs and business of the said Company and 
Plantations. And, further, we do, of our especial grace, 
certain knowledge, and mere motion, give and grant unto 
the said Governor and Company of the English colony 
of' Rhode-Island and Providence Plantations, in New 
England, in America, and their successors, that the Gov- 
ernor, or, in his absence, or, by his permission, the Dep- 
uty-Governor of the said Company, for the time being, 
the Assistants, and such of the freemen of the said Com- 
pany as shall be so as aforesaid elected or deputed, or 
so many of them as shall be present at such meeting or 
assembly, as aforesaid, shall be called the General As- 
sembly; and that they, or the greatest part of them 
present, whereof the Governor or Deputy-Governor, and 
six of the Assistants, at least to be seven, shall have, 
and have hereby given and granted unto them, full 
power and authority, from time to time, and at all times 



OF AMERICAN HISTORY. 



117 



hereafter, to appoint, alter and change such days, times 
and places of meeting and General Assembly, as they 
shall think fit; and to choose, nominate and appoint, 
such and so many other persons as they shall think fit, 
and shall be willing to accept the same, to be free of the 
said Company and body politic, and them into the 
same to admit ; and to elect and constitute such offices 
and officers, and to grant such needful commissions, as 
they shall think fit and requisite, for the ordering, man- 
aging and dispatching of the affairs of the said Governor 
and Company, and their successors , and from time to 
time, to make, ordain, constitute or repeal, such laws, 
statutes, orders and ordinances, forms and ceremonies of 
government and magistracy, as to them shall seem meet, 
for the good and welfare of the said Company, and for 
the government and ordering of the lands and heredita- 
ments hereinafter mentioned to be granted, and of the 
people that do, or at any time hereafter shall, inhabit or 
be within the same ; so as such laws, ordinances and con- 
stitutions, so made, be not contrary and repugnant unto, 
but as near as may be, agreeable to the laws of this our 
realm of England, considering the nature and constitution 
of the place and people there ; and also to appoint, order 
and direct, erect and settle, suoh places and courts of juris- 
diction, for the hearing and determining of all actions, 
cases, matters and things, happening within the said col- 
ony and plantation, and which shall be in dispute, and 
depending there, as they shall think fit ; and also to dis- 
tinguish and set forth the several names and titles, du- 
ties, powers and limits, of each court, office and officer, 
superior and inferior ; and also to contrive and appoint 
such forms of oaths and attestations, not repugnant, but 
as near as may be agreeable, as aforesaid, to the laws and 
statutes of this our realm, as are convenient and requisite, 
with respect to the due administration of justice, and due 
execution and discharge of all offices and places of trust 
by the persons that shall be therein concerned ; and also 



1 1 8 DOCUMENTS ILL USTRA TIVE 

to regulate and order the way and manner of all elec- 
tions to offices and places of trust, and to prescribe, 
limit and distinguish the numbers and bounds of all 
places, towns or cities, within the limits and bounds 
hereinafter mentioned, and not herein particularly- 
named, who have, or shall have, the power of electing 
and sending of freemen to the said General Assembly ; 
and also to order, direct and authorize the imposing of 
lawful and reasonable fines, mulcts, imprisonments, and 
executing other punishments, pecuniary and corporal, 
upon offenders and delinquents, according to the course 
of other corporations within this our kingdom of Eng- 
land ; and again to alter, revoke, annul or pardon, under 
their common seal, or otherwise, such fines, mulcts, impris- 
onments, sentences, judgments and condemnations, as 
shall be thought fit ; and to direct rule, order and dispose 
of, all other matters and things, and particularly that which 
relates to the making of purchases of the native Indians, 
as to them shall seem meet ; whereby our said people 
and inhabitants in the said Plantation, may be so relig- 
iously, peaceably and civilly governed, as that by their 
good life and orderly conversation, they may win and 
invite the native Indians of the country to the knowledge 
and obedience of the only true God and Saviour of man- 
kind ; willing, commanding and requiring, and by these 
presents, for us, our heirs and successors, ordaining and 
appointing, that all such laws, statutes, orders and ordi- 
nances, instructions, impositions and directions, as shall 
be so made by the Governor, Deputy-Governor, Assist- 
ants and freemen, or such number of them as aforesaid, 
and published in writing, under their common seal shall 
be carefully and duly observed, kept, performed and put 
in execution, according to the true intent and meaning of 
the same. And these our letters patent, or the duplicate 
or exemplification thereof, shall be to all and every such 
officer, superior or inferior, from time to time, for the 
putting of the same orders, laws, statutes, ordinances,. 



OF AMERICA N HIS TOR V. ug 

instructions and directions, in due execution, against us, 
our heirs and successors, a sufficient warrant and dis- 
charge. And further, our will and pleasure is, and we 
do hereby, for us, our heirs and successors, establish and 
ordain, that, yearly, once in the year, forever hereafter, 
namely, the aforesaid Wednesday in May, and at the 
town of Newport, or elsewhere, if urgent occasion do re- 
quire, the Governor, Deputy-Governor and Assistants of 
the said Company, and other officers of the said Com- 
pany, or such of them as the General Assembly shall 
think fit, shall be, in the said General Court or Assembly 
to be held from that day or time, newly chosen for the 
year ensuing, by such greater part of the said Company, 
for the time being, as shall be then and there present ; 
and if it shall happen that the present Governor, Deputy- 
Governor and Assistants, by these presents appointed, or 
any such as shall hereafter be newly chosen into their 
rooms, or any of them, or any other the officers of the 
said Company, shall die or be removed from his or their 
several offices or places, before the said general day of 
election, (whom we do hereby declare, for any misde- 
meanor or default, to be removable by the Governor, 
Assistants and Company, or such greater part of them, in 
any of the said public courts, to be assembled as afore- 
said,) that then, and in every such case, it shall and may be 
lawful to and for the said Governor, Deputy Governor, 
Assistants and Company aforesaid, or such greater part 
of them, so to be assembled as is aforesaid, in any their 
assemblies, to proceed to a new election of one or more 
of their Company, in the room or place, rooms or places, 
of such officer or officers, so dying or removed, according 
to their discretions; and immediately upon and after 
such election or elections made of such Governor, Dep- 
uty-Governor, Assistant or Assistants, or any other 
officer of the said Company, in manner and form afore- 
said, the authority, office and power, before given to the 
former Governor, Deputy-Governor, and other officer and 



1 20 DOCUMENTS ILL USTRA TIVE 

officers, so removed, in whose stead and place new shall 
be chosen, shall, as to him and them, and every of them, 
respectively, cease and determine : Provided akvays, and 
our will and pleasure is, that as well such as are by these 
presents appointed to be the present Governor, Deputy- 
Governor and Assistants of the said Company, as those 
that shall succeed them, and all other officers to be 
appointed and chosen as aforesaid, shall, before the 
undertaking, the execution of the said offices and places 
respectively, give their solemn engagement, by oath, or 
otherwise, for the due and faithful performance of their 
duties in their several offices and places, before such 
person or persons as are by these presents hereafter 
appointed to take and receive the same, that is to say : 
the said Benedict Arnold, who is hereinbefore nominated 
and appointed the present Governor of the said Company, 
shall give the aforesaid engagement before William 
Brenton, or any two of the said Assistants of the said 
Company ; unto whom we do by these presents give full 
power and authority to require and receive the same ; 
and the said William Brenton, who is hereby before nom- 
inated and appointed the present Deputy-Governor of 
the said Company, shall give the aforesaid engagement 
before the said Benedict Arnold, or any two of the Assist- 
ants of the said Company ; unto whom we do by these 
presents give full power and authority to require and 
receive the same ; and the said William Boulston, John 
Porter, Roger Williams, Thomas Olney, John Smith, 
John Greene, John Coggeshall, James Barker, William 
Field, and Joseph Clarke, who are herein before nomi- 
nated and appointed the present Assistants of the said 
Company, shall give the said engagement to their offices 
and places respectively belonging, before the said Bene- 
dict Arnold and William Brenton, or one of them ; to 
whom respectively we do hereby give full power and 
authority to require, administer or receive the same : and 
further, our will and pleasure is, that all and every other 



OF AMERICAN HISTOR Y. l2 \ 

future Governor or Deputy-Governor, to be elected and 
chosen by virtue of these presents, shall give the said 
engagement before two or more of the said Assistants of 
the said Company for the time being ; unto whom we do 
by these presents give full power and authority to re- 
quire, administer or receive the same ; and the said Assist- 
ants, and every of them, and all and every other officer 
or officers to be hereafter elected and chosen by virtue 
of these presents, from time to time, shall give the like 
engagements, to their offices and places respectively 
belonging, before the Governor or Deputy-Governor for 
the time being ; unto which said Governor, or Deputy- 
Governor, we do by these presents give full power and 
authority to require, administer or receive the same 
accordingly. And we do likewise, for us, our heirs and 
successors, give and grant unto the said Governor and 
Company, and their successors, by these presents, that, 
for the more peaceable and orderly government of the 
said Plantations, it shall and may be lawful for the Gov- 
ernor, Deputy-Governor, Assistants and all other officers 
and ministers of the said Company, in the administration 
of justice, and exercise of government, in the said Plan- 
tations, to use, exercise, and put in execution, such 
methods, rules, orders and directions, not being contrary 
or repugnant to the laws and statutes of this our realm, 
as have been heretofore given, used and accustomed, in 
such cases respectively, to be put in practice, until at the 
next or some other General Assembly, special provision 
shall be made and ordained in the cases aforesaid. And 
we do further, for us, our heirs and successors, give and 
grant unto the said Governor and Company, and their 
successors, by these presents, that it shall and may be 
lawful to and for the said Governor, or, in his absence, 
the Deputy-Governor, and major part of the said Assist- 
ants, for the time being, at any time when the said Gen- 
eral Assembly is not sitting, to nominate, appoint and 
constitute, such and so many commanders, governors and 



j 2 2 D OCUMENTS ILL US TRA Tl VE 

military officers, as to them shall seem requisite, for the 
leading, conducting and training up the inhabitants of 
the said Plantations in martial affairs, and for the defence 
and safeguard of the said Plantations : and that it shall 
and may be lawful to and for all and every such com- 
mander, governor and military officer, that shall be so as 
aforesaid, or by the Governor, or in his absence, the 
Deputy-Governor, and six of the said Assistants, and 
major part of the freemen of the said Company present 
at any General Assemblies, nominated, appointed and 
constituted, according to the tenor of his and their 
respective commissions and directions to assemble, exer- 
cise in arms, martial array, and put in warlike posture, 
the inhabitants of the said colony, for their special 
defence and safety; and to lead and conduct the said 
inhabitants, and to encounter, expulse, expel and resist, 
by force of arms, as well by sea as by land, and also to 
kill, slay and destroy, by all fitting ways, enterprizes and 
means, whatsoever, all and every such person or persons 
as shall, at any time hereafter, attempt or enterprize the 
destruction, invasion, detriment, or annoyance of the said 
inhabitants or Plantations ; and to use and exercise the 
law martial in such cases only as occasion shall neces- 
sarily require ; and to take or surprise, by all ways and 
means whatsoever, all and every such person and per- 
sons, with their ship or ships, armor, ammunition or other 
goods of such persons, as shall, in hostile manner, invade 
or attempt the defeating of the said Plantation, or the 
hurt of the said Company and inhabitants ; and upon 
just causes, to invade and destroy the native Indians, 
or other enemies of the said Colony. Nevertheless, our 
will and pleasure is, and we do hereby declare to the 
rest of our Colonies in New England, that it shall not 
be lawful for this our said Colony of Rhode Island and 
Providence Plantations, in America, in New England, to 
invade the natives inhabiting within the bounds and lim- 
its of their said Colonies, without the knowledge and con- 



OF AMERICAN HIS TOR Y. 12 t > 

sent of the said other Colonies. And it is hereby de- 
clared, that it shall not be lawful to or for the rest of the 
Colonies to invade or molest the native Indians or any- 
other inhabitants inhabiting without the bounds and limits 
hereafter mentioned, (they having subjected themselves 
unto us, and being by us taken into our special protection,) 
without the knowledge and consent of the Governor 
and Company of our Colony of Rhode-Island and Provi- 
dence Plantations. Also our will and pleasure is, and 
we do hereby declare unto all Christian Kings, Princes 
and States, that if any person, which shall hereafter be 
of the said Company or Plantations, or any other, by ap- 
pointment of the said Governor and Company for the 
time being, shall at any time or times hereafter, rob or 
spoil, by sea or land, or do any hurt or unlawful hostility 
to any of the subjects of us, our heirs or successors, or 
any of the subjects of any Prince or State, being then in 
league with us, our heirs or successors, upon complaint 
of such injury done to any such Prince or State, or their 
subjects, we, our heirs and successors, will make open 
proclamation within any parts of our realm of England, 
fit for that purpose, that the person or persons committing 
any such robbery or spoil, shall, within the time limited 
by such proclamation, make full restitution, or satisfac- 
tion of all such injuries, done or committed, so as the 
said Prince, or others so complaining, may be fully satis- 
fied and contented ; and if the said person or persons 
who shall commit any such robbery or spoil shall not 
make satisfaction, accordingly, within such time, so to be 
limited, that then we, our heirs and successors, will put 
such person or persons out of our allegiance and protec- 
tion ; and that then it shall and may be lawful and free 
for all Princes or others to prosecute with hostility, such 
offenders, and every of them, their and every of their 
procurers, aiders, abettors and counsellors, in that behalf: 
Provided also, and our express will and pleasure is, and 
we do, by these presents, for us, our heirs and successors. 



124 



DOCUMENTS ILLUSTRATIVE 



ordain and appoint, that these presents, shall not, in any 
manner, hinder any of our loving subjects, whatsoever, 
from using and exercising the trade of fishing upon the 
coast of New England, in America ; but that they, and 
every or any of them, shall have full and free power and 
liberty to continue and use the trade of fishing upon the 
said coast, in any of the seas thereunto adjoining, or any 
arms of the seas, or salt water, rivers and creeks, where 
they have been accustomed to fish : and to build and to 
set upon the waste land belonging to the said Colony and 
Plantations, such wharves, stages and work-houses as 
shall be necessary for the salting, drying and keeping of 
their fish, to be taken or gotten upon that coast. And 
further, for the encouragement of the inhabitants of our 
said Colony of Providence Plantations to set upon the 
business of taking whales, it shall be lawful for them, or 
any of them, having struck whale, dubertus, or other 
great fish, it or them, to pursue unto any part of that 
coast, and into any bay, river, cove, creek, or shore, be- 
longing thereto, and it or them, upon the said coast, or in 
the said bay, river, cove, creek, or shore, belonging thereto, 
to kill and order for the best advantage, without molesta- 
tion, they making no wilful waste or spoil ; anything in 
these presents contained, or any other matter or thing, to 
the contrary, notwithstanding. And further also, we are 
graciously pleased, and do hereby declare, that if any of 
the inhabitants of our said Colony do set upon the plant- 
ing of vineyards (the soil and climate both seeming natu- 
rally to concur to the production of wines) or be industrious 
in the discovery of fishing banks, in or about the said 
Colony, we will, from time to time, give and allow all due 
and fitting encouragement therein, as to others, in cases 
of like nature. And further, of our more ample grace, 
certain knowledge and mere motion, we have given and 
granted, and by these presents, for us, our heirs and suc- 
cessors, do give and grant unto the said Governor and 
Company of the English Colony of Rhode-Island and 



OF AMERICAN HISTORY. 



125 



Providence Plantations, in the Narragansett Bay, in New 
England, in America, and to every inhabitant there, and 
to every person and persons, trading thither, and to every 
such person or persons as are or shall be free of the said 
Colony, full power and authority, from time to time, and 
at all times hereafter, to take, ship, transport and carry 
away, out of any of our realms and dominions, for and 
towards the plantation and defence of the said Colony, 
such and so many of our loving subjects and strangers 
as shall or will willingly accompany them in and to their 
said Colony and Plantation ; except such person or persons 
as are or shall be therein restrained by us, our heirs and 
successors, or any law or statute of this realm : and also 
to ship and transport all and all manner of goods, chat- 
tels, merchandizes and other things whatsoever, that are 
or shall be useful or necessary for the said Plantations, 
and defence thereof, and usually transported, and not 
prohibited by any law or statute of this our realm ; 
yielding and paying unto us, our heirs and successors, 
such the duties, customes and subsidies, as are or ought 
to be paid or payable for the same. And further, our 
will and pleasure is, and we do, for us, our heirs and suc- 
cessors, ordain, declare, and grant unto the said Gov- 
ernor and Company, and their successors, that all and 
every the subjects of us, our heirs and successors, which 
are already planted and settled within our said Colony of 
Providence Plantations, or which shall hereafter go to in- 
habit within the said Colony, and all and every of their chil- 
dren, which have been born there, or which shall happen 
hereafter to be born there, or on the sea, going thither, 
or returning from thence, shall have and enjoy all liberties 
and immunities of free and natural subjects within any 
the dominions of us, our heirs or successors, to all in- 
tents, constructions and purposes, whatsoever, as if they, 
and every of them, were born within the realm of Eng- 
land. And further, know ye, that we, of our more 
abundant grace, certain knowledge, and mere motion. 



1 2 6 DOCUMENTS ILL USTKA TIVE 

have given, granted and confirmed, and by these pres- 
ents, for us, our heirs and successors, do give, grant and 
confirm, unto the said Governor and Company, and their 
successors, all that part of our dominions in New Eng- 
land, in America, containing the Nahantick and Nanhy- 
ganset, alias Narragansett Bay, and countries and parts 
adjacent, bounded on the west, or westerly, to the middle 
or channel of a river there, commonly called and known 
by the name of Pawcatuck, alias Pawcawtuck river, and 
so along the said river, as the greater or middle stream 
thereof reacheth or lies up into the north country, north- 
ward, unto the head thereof, and from thence, by a 
straight line drawn due north, until it meets with the 
south line of the Massachusetts Colony ; and on the 
north, or northerly, by the aforesaid south or southerly 
line of the Massachusetts Colony or Plantation, and ex- 
tending towards the east, or eastwardly, three English 
miles to the east and north-east of the most eastern and 
north-eastern parts of the aforesaid Narragansett Bay, as 
the said bay lyeth or extendeth itself from the ocean on 
the south, or southwardly unto the mouth of the river 
which runneth towards the town of Providence, and 
from thence along the easterly side or bank of the said 
river (higher called by the name of Seacunck river) up 
to the falls called Patuckett falls, being the most west- 
wardly line of Plymouth Colony, and so from the said falls, 
in a straight line, due north, until it meet with the afore- 
said line of the Massachusetts Colony ; and bounded on 
the south by the ocean ; and, in particular, the lands 
belonging to the towns of Providence, Pawtuxet, War- 
wick, Misquammacok, alias Pawcatuck, and the rest upon 
the main land in the tract aforesaid, together with Rhode- 
Island, Block-Island, and all the rest of the islands and 
banks in the Narragansett Bay, and bordering upon the 
coast of the tract aforesaid, (Fisher's Island only ex- 
cepted,) together with all firm lands, soils, grounds, 



OF AMERICAN HISTORY. 



127 



havens, ports, rivers, waters, fishings, mines royal, and 
all other mines, minerals, precious stones, quarries, woods, 
wood grounds, rocks, slates, and all and singular other 
commodities, jurisdictions, royalties, privileges, fran- 
chises, preheminancies, and hereditaments, whatsoever, 
within the said tract, bonds, lands and islands aforesaid, 
or to them or any of them belonging, or in any wise ap- 
pertaining ; to have and to hold the same, unto the said 
Governor and Company, and their successors, forever, 
upon trust, for the use and benefit of themselves and 
their associates freemen of the said Colony, their heirs 
and assigns, to be holden of us, our heirs and successors, 
as of the Manor of East-Greenwich, in our county of 
Kent, in free and common soccage, and not in capite, 
nor by knight service ; yielding and paying therefor, to 
us, our heirs and successors, only the fifth part of all the 
ore of gold and silver which, from time to time, and at all 
times hereafter, shall be there gotten, had or obtained, 
in lieu and satisfaction of all services, duties, fines, for- 
feitures, made or to be made, claims and demands what- 
soever, to be to us, our heirs or successors, therefor or 
thereout rendered, made or paid ; any grant, or clause in 
a late grant, to the Governor and Company of Connecti- 
cut Colony, in America, to the contrary thereof in any 
wise notwithstanding ; the aforesaid Pawcatuck river 
having been yielded, after much debate, for the fixed and 
certain bounds between these our said Colonies, by the 
agents thereof ; who have also agreed, that the said Paw- 
catuck river shall be also called alias Norrogansett or 
Narrogansett river ; and, to prevent future disputes, that 
otherwise might arise thereby, forever hereafter shall be 
construed, deemed and taken to be the Narragansett 
river in our late grant to Connecticut Colony mentioned 
as the easterly bounds of that Colony. And further, our 
will and pleasure is, that in all matters of public contro- 
versy which may fall out between our Colony of Provi- 



128 DOCUMENTS ILL USTRA TIVE 

dence Plantations, and the rest of our colonies in New- 
England, it shall and may be lawful to and for the Gov- 
ernor and Company of the said Colony of Providence 
Plantations to make their appeals therein to us, our heirs 
and successors, for redress in such cases, within this our 
realm of England : and that it shall be lawful to and for 
the inhabitants of the said Colony of Providence Plan- 
tations, without let or molestation, to pass and repass, 
with freedom, into and through the rest of the English 
Colonies, upon their lawful and civil occasions, and to 
converse, and hold commerce and trade, with such of the 
inhabitants of our other English Colonies as shall be will- 
ing to admit them thereunto, they behaving themselves 
peaceably among them ; any act, clause or sentence, in 
any of the said Colonies provided, or that shall be 
provided, to the contrary in anywise notwithstanding. 
And lastly, we do, for us, our heirs and successors, ordain 
and grant unto the said Governor and Company, and 
their successors, by these presents, that these our let- 
ters patent shall be firm, good, effectual and available 
in all things in the law, to all intents, constructions 
and purposes whatsoever, according to our true intent 
and meaning hereinbefore declared ; and shall be con- 
strued, reputed and adjudged in all cases most favorably 
on the behalf, and for the best benefit and behoof, 
of the said Governor and Company, and their suc- 
cessors ; although express mention of the true yearly 
value or certainty of the premises, or any of them, or 
of any other gifts or grants, by us, or by any of our 
progenitors or predecessors, heretofore made to the said 
Governor and Company of the English Colony of Rhode- 
Island and Providence Plantations, in the Narragansett 
Bay, New England, in America, in these presents is not 
made, or any statute, act, ordinance, provision, proclama- 
tion or restriction, heretofore had, made, enacted, or- 
dained or provided, or any other matter, cause or thing 



OF AMERICAN HISTOR Y. j 2 g 

whatsoever, to the contrary thereof in anywise notwith- 
standing. In witness whereof, we have caused these 
our letters to be made patent. Witness ourself at West- 
minster, the eighth day of July, in the fifteenth year of 
our reign. 

By the King : 

HOWARD. 



130 



DOCUMENTS ILLUSTRATIVE 



CHARTER OF PENNSYLVANIA— 1681. 

William Penn inheriting from his father, Ad- 
miral Richard Penn, a claim of ^60,000 against 
the crown, requested from Charles II., in settle- 
ment of the same, a tract of land north of Mary- 
land and west of Jersey for a province. The king 
consented to this easy mode of settlement, and the 
patent was sealed March 5, 1681. Penn obtained 
from the Duke of York the three lower counties 
on the Delaware, now the State of Delaware. In 
July, 1681, Penn drew his "Concession" to the 
province and the next year granted a liberal frame 
of government followed in 1683 by a second, and 
in 1696 by a third " Frame." Penn, unwearied in 
his care for the province, in 1701 granted the 
" Charter of Privileges," under which Pennsylva- 
nia remained till the Revolution. A State consti- 
tution was adopted in 1776 by a convention under 
the presidency of Benjamin Franklin. Another 
constitution was adopted in 1790, a third in 1838, 
and a fourth, the present, in 1873. Consult Ban- 
croft's U. S,, 1st ed., II., 364; cen. ed., II., 107; 
last ed., I., 552 ; Hildreth, II., 63 ; Bryant and 
Gay, II., 487; Proud 's Pennsylvania^ I., 167; 
Chalmers' Political Annals, 635. 



OF AMERICAN HISTOR V. 



131 



CHARTER FOR THE PROVINCE OF PENN- 
SYLVANIA— 168 1. 

CHARLES the Second, by the Grace of God, King of 
England, Scotland, Fraftce, and Irela7id, Defender of the 
Faith, etc. To all whom these presents shall come, 
Greeting. WHEREAS Our Trustie and well-beloved 
Subject William PENN, Esquire, Sonne and heire of 
Sir William Penn deceased, out of a commendable 
Desire to enlarge our English Empire, and promote such 
usefull comodities as may bee of Benefit to us and Our 
Dominions, as also to reduce the Savage Natives by gen- 
tle and just manners to the Love of Civil Societie and 
Christian Religion, hath humbley besought Leave of Us 
to transport an ample Colonie unto a certaine Countrey 
hereinafter described, in the Partes of America not yet 
cultivated and planted ; And hath likewise humbley be- 
sought Our Royall Majestie to Give, Grant, and Con- 
firme all the said Countrey, with certaine Privileges 
and Jurisdictions, requisite for the good Government 
and Safetie of the said Countrey and Colonie, to him and 
his Heires forever : KNOW YE THEREFORE, That 
Wee, favouring the Petition and good Purpose of the 
said William Penn, and haveing Regard to the Memorie 
and Meritts of his late Father in divers Services, and 
perticulerly to his Conduct, Courage, and Discretion 
under our Dearest Brother JAMES Duke of York, in 
that Signall Battell and Victorie fought and obteyned 
against the Dutch Fleete, command by the Heer Van 
Opdam, in the yeare One thousand six hundred and 
sixty-five: In consideration thereof, of Our Speciall 
grace, certaine Knowledge, and meere Motion have 
Given and Granted, and by this Our present Charter, for 
Us, Our Heires and Successors, Doe give and Grant unto 
the said William Penn, his Heires and Assignes, all that 
Tract or Parte of Land in America, with all the Islands 
therein conteyned, as the same is bounded on the East by 



132 



DOCUMENTS ILLUSTRA TIVE 



Delaware River, from twelve miles distance Northwards of 
New Castle Towne unto the three and fortieth degree of 
Northerne Latitude, if the said River doeth extende so 
farre Northwards ; But if the said River shall not extend 
soe farre Northward, then by the said River soe farr as it 
doth extend ; and from the head of the said River, the 
Easterne Bounds are to bee determined by a Meridian 
Line, to bee drawne from the head of the said River, 
unto the said three and fortieth Degree. The said Lands 
to extend westwards five degrees in longitude, to bee 
computed from the said Easterne Bounds ; and the said 
Lands to bee bounded on the North by the beginning of 
the three and fortieth degree of Northern Latitude, and 
on the South by a Circle drawne at twelve miles distance 
from New Castle Northward and Westward unto the be- 
ginning of the fortieth degree of Northern Latitude, and 
then by a streight Line Westward to the Limitt of Lon- 
gitude above-mentioned. WEE do also give and grant 
unto the said William Penn, his heires and assignes, the 
free and undisturbed use and continuance in, and passage 
into and out of all and singuler Ports, Harbours, Bays, 
Waters, Rivers, Isles, and Inletts, belonging unto, or 
leading to and from the Countrey or Islands aforesaid, 
And all the Soyle, lands, fields, woods, underwoods, 
mountaines, hills, fenns, Isles, Lakes, Rivers, waters, Riv- 
uletts, Bays, and Inletts, scituate or being within, or be- 
longing unto the Limitts and Bounds aforesaid, togeather 
with the fishing of all sortes of fish, whales, Sturgeons, 
and all Royall and other Fishes, in the Sea, Bayes, In- 
letts, waters, or Rivers within the premisses, and the 
Fish therein taken ; And also all Veines, Mines, and 
Quarries, as well discovered as not discovered, of Gold, 
Silver, Gemms, and Pretious Stones, and all other what- 
soever, be it Stones, Mettals, or of any other thing or 
matter whatsoever, found or to bee found within the 
Countrey, Isles, or Limitts aforesaid ; AND him, the 
said William Penn, his heires and assignes, Wee doe by 



OF AMERICAN HISTORY. 



133 



this Our Royall Charter, for Us, Our heires and Success- 
ors, make, create, and constitute the true and absolute 
Proprietarie of the Countrey aforesaid, and of all other 
the premisses, Saving alwayes to Us, Our heires and Suc- 
cessors, the Faith and Allegiance.of the said William Penn, 
his heires and assignes, and of all other Proprietaries, 
Tenants, and Inhabitants that are or shall be within the 
Territories and Precincts aforesaid ; and Saving also, 
unto Us, Our heires and Successors, the Sovereignty of 
the aforesaid Countrey; TO HAVE, hold, possess, and 
enjoy the said Tract of Land, Countrey, Isles, Inletts, 
and other the premisses unto the said William Penn, his 
heires and assignes, to the only proper use and behoofe 
of the said William Penn, his heires and assignes for ever, 
to bee holden of Us, Our heires and Successors, Kings of 
England, as of Our Castle of Windsor in Our County of 
Berks, in free and comon Socage, by fealty only for all 
Services, and not in Capite or by Knights Service : 
Yielding and paying therefore to Us, Our heires and 
Successors, Two Beaver Skins, to bee delivered at Our 
said Castle of Windsor on the First Day of January in 
every Year ; and also the Fifth Part of all Gold and Sil- 
ver Oare, which shall from Time to Time happen to bee 
found within the Limitts aforesaid, cleare of all Charges. 
And of Our further Grace, certaine Knowledge, and 
meer motion, We have thought fitt to erect, and We doe 
hereby erect the aforesaid Countrey and Islands into a 
Province and Seigniorie, and doe call itt PENSILVA- 
NIA, and soe from henceforth we will have itt called. 

AND forasmuch as Wee have hereby made and or- 
dained the aforesaid William Penn, his heires and 
assignes, the true and absolute Proprietaries of all the 
Lands and Dominions aforesaid, KNOW YE THERE- 
FORE, That We reposing speciall trust and Confidence 
in the fidelitie, wisedom, Justice, and provident circum- 
spection of the said William Penn for us, our heires and 
Successors, Doe grant free, full, and absolute power by 



134 DOCUMENTS ILLUSTRATIVE 

vertue of these presents to him and his heires, and to his 
and their Deputies, and Lieutenants, for the good and 
happy government of the said countrey, to ordeyne, 
make, and enact, and under his and their Seales to pub- 
lish any Lawes whatsoever, for the raising of money for 
the publick use of the said Province, or for any other 
End, apperteyning either unto the publick state, peace, 
or safety of the said Countrey, or unto the private utility 
of perticular persons, according unto their best discre- 
tions, by and with the advice, assent, and approbation of 
the Freemen of the said Countrey, or the greater parte 
of them, or of their Delegates or Deputies, whom for the 
Enacting of the said Lawes, when, and as often as need 
shall require, Wee will that the said William Pain and 
his heires, shall assemble in such sort and forme, as to 
him and them shall seeme best, and the same Lawes 
duly to execute, unto and upon all People within the 
said Countrey and the Limitts thereof. 

AND wee doe likewise give and grant unto the said 
William Penn, and his heires, and to his and their Depu- 
ties and Lieutenants, such power and authoritie to ap- 
point and establish any Judges and Justices, Magis- 
trates and Officers whatsoever, for what Causes soever, 
for the probates of wills, and for the granting of Admin- 
istrations within the precincts aforesaid and with what 
Power soever, and in such forme as to the said William 
Pain or his heires shall seeme most convenient : Also to 
remitt, release, pardon, and abolish whether before 
Judgement or after all Crimes and Offences whatsoever 
comitted within the said Countrey against the said 
Lawes, Treason and wilful and malitious Murder onely 
excepted, and in those Cases to grant Reprieves, until 
Our pleasure may bee known therein and to doe all and 
every other thing and things, which unto the compleate 
Establishment of Justice, unto Courts and Tribunalls, 
formes of Judicature, and manner of Proceedings doe 
belong, altho in these presents expresse mention bee not 



OF AMERICAN HIS TOR Y. j , c 

made thereof; And by Judges by them delegated, to 
award Processe, hold Pleas, and determine in all the said 
Courts and Tribunalls all Actions, Suits, and Causes 
whatsoever, as well Criminall as Civill, Personall, reall 
and mixt ; which Lawes, soe as aforesaid to bee pub- 
lished, Our Pleasure is, and soe Wee enjoyne, require, and 
command, shall bee most absolute and avaylable in 
law ; and that all the Liege People and subjects of Us, 
Our heires and Successors, doe observe and keepe the 
same inviolabl in those partes, soe farr* as they concerne 
them, under the paine therein expressed, or to bee ex- 
pressed. PROVIDED nevertheles, That the said Lawes 
bee consonant to reason, and bee not repugnant or con- 
trarie, but as neare as conveniently may bee agreeable to 
the Lawes and Statutes, and rights of this Our King- 
dome of England ; And Saving and reserving to Us, 
Our heires and Successors, the receiving, heareing, and 
determining of the appeale and appeales of all or any 
Person or Persons, of, in, or belonging to the Territories 
aforesaid, or touching any Judgement to bee there made 
or given. 

AND forasmuch as in the Government of soe great a 
Countrey, sudden Accidents doe often happen, where- 
unto itt will bee necessarie to apply remedie before the 
Freeholders of the said Province, or their Delegates or 
Deputies, can bee assembled to the making of Lawes ; 
neither will itt bee convenient that instantly upon every 
such emergent occasion, soe greate a multitude should 
be called together: Therefore for the better Government 
of the said Countrey Wee will, and ordaine, and by these 
presents, for us, our Heires and successors, Doe Grant 
unto the said William Penn and his heires, by themselves 
or by their Magistrates and Officers, in that behalfe duely 
to bee ordeyned as aforesaid, to make and constitute fitt 
and wholsome Ordinances, from time to time, within 
the said Countrey to bee kept and observed, as well for 
the preservation of the peace, as for the better govern- 



1 36 DOCUMENTS ILL USTRA TIVE 

merit of the People there inhabiting ; and publickly to 
notifie the same to all persons, whome the same doeth or 
anyway may concerne. Which ordinances, Our Will and 
Pleasure is, shall bee observed inviolably within the said 
Province, under Paines therein to be expressed, soe as 
the said Ordinances bee consonant to reason, and bee not 
repugnant nor contrary, but soe farre as conveniently 
may bee agreeable with the Lawes of our Kingdome of 
England, and soe as the said Ordinances be not extended 
in any Sort to bind, charge, or take away the right or 
Interest of any person or persons, for or in their Life, 
members, Freehold, goods, or Chatties. And our fur- 
ther will and pleasure is, that the Lawes for regulateing 
and governing of Propertie within the said Province, as 
well for the descent and enjoyment of lands, as likewise 
for the enjoyment and succession of goods and Chatties, 
and likewise as to Felonies, shall bee and continue the 
same, as they shall bee for the time being by the generall 
course of the Law in our Kingdome of England, until 
the said Lawes shall bee altered by the said William 
Pcnn, his heires or assignes, and by the Freemen of the 
said Province, their Delegates or Deputies, or the greater 
Part of them. 

AND to the End the said William Penn, or heires, or 
other the Planters, Owners, or Inhabitants of the said 
Province, may not att anytime hereafter by misconstruc- 
tion of the powers aforesaid through inadvertencie or 
designe depart from that Faith and due allegiance, which 
by the lawes of this our Realme of England, they and 
all our subjects, in our Dominions and Territories, alwayes 
owe unto us, Our heires and Successors, by colour of 
any Extent or largenesse of powers hereby given, or pre- 
tended to bee given, or by force or colour of any lawes 
hereafter to bee made in the said Province, by vertue of 
any such Powers ; OUR further will and Pleasure is, that 
a transcript or Duplicate of all Lawes, which shall bee 
soe as aforesaid made and published within the said Prov- 



OF AMERICAN HISTORY. 



137 



ince, shall within five yeares after the makeing thereof, 
be transmitted and delivered to the Privy Councell, for 
the time being, of us, our heires and successors : And if 
any of the said Lawes, within the space of six moneths 
after that they shall be soe transmitted and delivered, 
bee declared by us, Our heires and Successors, in Our 
or their Privy Councell, inconsistent with the Sovereign- 
tey or lawful Prerogative of us, our heires or Successors, 
or contrary to the Faith and Allegiance due by the 
legall government of this Realme, from the said William 
Pain, or his heires, or of the Planters and Inhabitants of 
the said Province, and that thereupon any of the said 
Lawes shall bee adjudged and declared to bee void by us, 
our heires or Successors, under our or their Privy Seale, 
that then and from thenceforth, such Lawes, concerning 
which such Judgement and declaration shall bee made, 
shall become voyd : Otherwise the said Lawes soe 
transmitted, shall remaine, and stand in full force, 
according to the true intent and meaneing thereof. 

FURTHERMORE, that this new Colony may the 
more happily increase, by the multitude of People resort- 
ing thither ; Therefore wee for us, our heirs and Succes- 
sors, doe give and grant by these presents, power, 
Licence, and Libertie unto all the Liege People and Sub- 
jects, both present and future, of us, our heires, and 
Successors, excepting those who shall bee Specially for- 
bidden to transport themselves and Families unto the 
said Countrey, with such convenient Shipping as by the 
lawes of this our Kingdome of England they ought to 
use, with fitting provisions, paying only the customes 
therefore due, and there to settle themselves, dwell and 
inhabitt, and plant, for the publick and their owne pri- 
vate advantage. 

AND FURTHERMORE, that our Subjects may bee 
the rather encouraged to undertake this expedicion with 
ready and cheerful mindes, KNOW YE, That wee, of 
Our especiall grace, certaine knowledge, and meere 



138 



DOCUMENTS ILLUSTRATIVE 



motion, Doe Give and Grant by vertue of these presents, 
as well unto the said William Penn, and his heires, as to 
all others, who shall from time to time repaire unto the 
said Countrey, with a purpose to inhabitt there, or trade 
with the Natives of the said Countrey, full Licence to 
lade and freight in any ports whatsoever, of us, our heires 
and Successors, according to the lawes made or to be 
made within our Kingdome of England, and unto the 
said Countrey, by them, theire Servants or assignes, to 
transport all and singuler theire wares, goods, and Mer- 
chandizes, as likewise all sorts of graine whatsoever, and 
all other things whatsoever, necessary for food or cloath- 
ing, not prohibited by the Lawes and Statutes of our 
Kingdomes and Dominiones to be carryed out of the 
said Kingdomes, without any Lett or molestation of us, 
our heires and Successors, or of any of the Officers of us, 
our heires and Successors ; saveing alwayes to us, our 
heires and Successors, the legall impositions, customes, 
and other Duties and payments, for the said Wares and 
Merchandize, by any Law or Statute due or to be due to 
us, our heires and Successors. 

AND Wee doe further, for us, our heires and Succes- 
sors, Give and grant unto the said William Penn, his 
heires and assignes, free and absolute power, to Divide 
the said Countrey and Islands into Townes, Hundreds 
and Counties, and to erect and incorporate Townes into 
Borroughs, and Borroughs into Citties, and to make and 
constitute ffaires and Marketts therein, with all other 
convenient priviledges and munities, according to the 
meritt of the inhabitants, and the ffitnes of the places, 
and to doe all and every other thing and things touching 
the premisses, which to him or them shall seeme requi- 
site and meet ; albeit they be such as of their owne 
nature might otherwise require a more especiall comand- 
ment and Warrant then in these presents is expressed. 

WE Will alsoe, and by these presents, for us, our heires 
and Successors, Wee doe Give and grant Licence by this 



OF AMERICAN HISTORY. 



1 39 



our Charter, unto the said William Penn, his heires and 
assignes, and to all the inhabitants and dwellers in the 
Province aforesaid, both present and to come, to import 
or unlade, by themselves or theire Servants, ffactors or 
assignes, all merchandizes and goods whatsoever, that 
shall arise of the fruites and comodities of the said Prov- 
ince, either by Land or Sea, into any of the ports of us, 
our heires and successors, in our Kingdome of England, 
and not into any other Countrey whatsoever : And wee 
give him full power to dispose of the said goods in the 
said ports ; and if need bee, within one yeare next after 
the unladeing of the same, to lade the said Merchandizes 
and Goods again into the same or other shipps, and to 
export the same into any other Countreys, either of our 
Dominions or fforeigne, according to Lawe : Provided 
alwayes, that they pay such customes and impositions, 
subsidies and duties for the same, to us, our heires and 
Successors, as the rest of our Subjects of our Kingdome 
of England, for the time being, shall be bound to pay, 
and doe observe the Acts of Navigation, and other Lawes 
in that behalfe made. 

AND FURTHERMORE, of our most ample and 
esspeciall grace, certaine knowledge, and meere motion, 
Wee doe, for us, our heires and Successors, Grant unto 
the said William Penn, his heires and assignes, full and 
absolute power and authoritie to make, erect, and con- 
stitute within the said Province and the Isles and Islets 
aforesaid, such and soe many Sea-ports, harbours, Creeks, 
Havens, Keyes, and other places, for discharge and 
unladeing of goods and Merchandizes, out of the shipps, 
Boates, and other Vessells, and ladeing them in such and 
soe many Places, and with such rights, Jurisdictions, lib- 
erties and priviledges unto the said ports belonging, as to 
him or them shall seeme most expedient ; and that all 
and singuler the shipps, boates, and other Vessells, which 
shall come for merchandize and trade unto the said 
Province, or out of the same shall depart, shall be laden 



j 40 DOCUMENTS ILL USTRA TIVE 

or unladen onely at such Ports as shall be erected and 
constituted by the said William Penn, his heires and 
assignes, any use, custome, or other thing to the contrary 
notwithstanding. Provided, that the said William Penn, 
and his heires, and the Lieutenants and Governors for 
the time being, shall admitt and receive in and about all 
such Ports, Havens, Creeks, and Keyes, all Officers and 
their Deputies, who shall from time to time be appointed 
for that Purpose by the ffarmers or Commissioners of 
our Customes for the time being. 

AND Wee doe further appoint and ordaine, and by 
these presents, for us, our heires and Successors, Wee 
doe grant unto the said William Pain, his heires and 
assignes, That he, the said William Pain, his heires and 
assignes, may from time to time for ever, have and enjoy 
the Customes and Subsidies, in the Portes, Harbours, 
and other Creeks and Places aforesaid, within the Prov- 
ince aforesaid, payable or due for merchandizes and 
wares there to be laded and unladed, the said Customes 
and Subsidies to be reasonably assessed upon any occa- 
sion, by themselves and the People there as aforesaid to 
be assembled, to whom wee give power by these pres- 
ents, for us, our heires and Successors, upon just cause 
and in dudue p'portion, to assesse and impose the same ; 
Saveing unto us, our heires and Successors, such imposi- 
tions and Customes, as by Act of Parliament are and 
shall be appointed. 

AND it is Our further Will and pleasure, that the said 
William Pain, his heires and assignes, shall from time to 
time constitute and appoint an Attorney or Agent, to 
Reside in or neare our City of London, who shall make 
knowne the place where he shall dwell or may be found, 
unto the Clerke of our Privy Counsell for the time being, 
or one of them, and shall be ready to appeare in any of 
our Courts att Westminster, to Answer for any Misde- 
meanors that shall be comitted, or by any wilfull default 
or neglect permitted by the said William Pain, his heires 



OF AMERICAN HISTOR Y. Y a r 

or assignes, against our Lawes of Trade or Navigation ; 
and after it shall be ascertained in any of our said Courts, 
what damages Wee or our heires or Successors shall have 
sustained by such default or neglect, the said William 
Pain, his heirs and assignes shall pay the same within 
one yeare after such taxation, and demand thereof from 
such Attorney : or in case there shall be noe such 
Attorney by the space of one yeare, or such Attorney 
shall not make payment of such damages within the 
space of one yeare, and answer such other forfeitures and 
penalties within the said time, as by the Acts of Parlia- 
ment in England are or shall be provided, according to 
the true intent and meaneing of these presents ; then it 
shall be lawfull for us, our heires and Successors, to seize 
and Resume the government of the said Province or 
Countrey, and the same to retaine untill payment shall 
be made thereof : But notwithstanding any such Seizure 
or resumption of the government, nothing concerneing the 
propriety or ownership of any Lands, tenements, or 
other hereditaments, or goods or chattels of any of the 
Adventurers, Planters, or owners, other then the respect- 
ive Offenders there, shall anyway be affected or molested 
thereby. 

PROVIDED alwayes, and our will and pleasure is, 
that neither the said William Penn, nor his heires, or 
any other the inhabitants of the said Province, shall at 
any time hereafter have or maintain any Correspondence 
with any other king, prince, or State, or with any of 
theire subjects, who shall then be in Warr against us, 
our heires or Successors ; Nor shall the said William 
Penn, or his heires, or any other the Inhabitants of the 
said Province, make Warre or doe any act of Hostility 
against any other king, prince, or State, or any of theire 
Subjects, who shall then be in league or amity with us, 
our heires or successors. 

AND, because in soe remote a Countrey, and scituate 
neare many Barbarous Nations, the incursions as well of 



142 



DOCUMENTS 1LLUSTRA Til '£ 



the Savages themselves, as of other enemies, pirates and 
robbers, may probably be feared ; Therefore Wee have 
given, and for us, our heires and Successors, Doe give 
power by these presents unto the said William Perm, his 
heires and assignes, by themselves or theire Captaines 
or other their Officers, to levy, muster and traine all 
sorts of men, of what condition soever or wheresoever 
borne, in the said Province of Pensilvania, for the time 
being, and to make Warre, and to pursue the enemies 
and Robbers aforesaid, as well by Sea as by Land, even 
without the Limitts of the said Province, and by God's 
assistance to vanquish and take them, and being taken 
to put them to death by the Law of Warre, or to save 
them, att theire pleasure, and to doe all and every other 
Art and Thing which to the Charge and Office of a 
Captaine-Generall of an Army belongeth or hath accus- 
tomed to belong, as fully and ffreely as any Captaine- 
Generall of an Army hath ever had the same. 

AND FURTHERMORE, of Our especiall grace and 
of our certaine knowledge and meere motion, wee have 
given and granted, and by these presents, for us, our 
heires and Successors, do Give and Grant unto the said 
William Penn, his Heires and Assigns, full and absolute 
power, licence and authoritie, that he, the said William 
Penn, his heires and assignes, from time to time here- 
after forever, att his or theire own Will and pleasure 
may assigne, alien, Grant, demise, or enfeoffe of the 
Premises soe many and such partes and parcells to him 
or them that shall be willing to purchase the same, as 
they shall thinke fitt, To have and to hold to them the 
said person and persons willing to take or purchase, theire 
heires and assignes, in ffee-simple or ffee-taile, or for the 
terme of life, or lives or yeares, to be held of the said 
William Penn, his heires and assignes, as of the said Seign- 
iory of Windsor, by such services, customes and rents, 
as shall seeme ffitt to the said William Penn, his heires 
and assignes, and not imediately of us, our heires and 



OF AMERICAN HISTORY. 



143 



successors. AND to the same person or persons, and to 
all and every of them, wee doe give and grant by these 
presents, for us, our heires and successors, licence, author- 
ise and power, that such person or persons may take the 
premisses, or any parcell thereof, of the aforesaid William 
Pain, his heires or assignes, and the same hold to them- 
selves, their heires and assignes, in what estate of inherit- 
ance soever, in ffee-simple or in ffee-taile, or otherwise, 
as to him, the said William Pcnn, his heires and assignes, 
shall seem expedient : The Statute made in the parlia- 
ment of EDWARD, sonne of King HENR Y, late King 
of England, our predecessor, commonly called The Statute 
QUIA EMPTORES TERRARUM, lately published in 
our Kingdome of England 'in any wise notwithstanding. 

AND by these presents wee give and Grant Licence 
unto the said William Penn, and his heires, likewise to 
all and every such person and persons to whom the said 
William Pcnn or his heires shall att any time hereafter 
grant any estate or inheritance as aforesaid, to erect 
any parcells of Land within the Province aforesaid into 
Mannors, by and with the Licence to be first had and 
obteyned for that purpose, under the hand and Seale of 
the said William Penn or his heires ; and in every of the 
said Mannors to have and to hold a Court-Baron, with 
all thinges whatsoever which to a Court-Baron do belong, 
and to have and to hold View of ffrank-pledge for the 
conservation of the peace and the better government of 
those partes, by themselves or their Stewards, or by the 
Lords for the time being of the Mannors to be deputed 
when they shall be erected, and in the same to use all 
things belonging to the View of ffrank-pledge. AND 
Wee doe further grant licence and authoritie, that every 
such person or persons who shall erect any such Man- 
nor or Mannors, as aforesaid, shall or may grant all or 
any parte of his said Lands to any person or persons, in 
ffee-simple, or any other estate of inheritance to be held 
of the said Mannors respectively, soe as noe further ten- 



144 



DOCUMENTS ILLUSTRATIVE 



ures shall be created, but that upon all further and other 
alienations thereafter to be made, the said lands soe 
aliened shall be held of the same Lord and his heires, of 
whom the alienor did then before hold, and by the like 
rents and Services which were before due and accus- 
tomed. 

AND FURTHER our pleasure is, and by these pres- 
ents, for us, our heires and Successors, Wee doe cove- 
nant and grant to and with the said William Penn, and 
his heires and assignes, That Wee, our heires and Suc- 
cessors, shall at no time hereafter sett or make, or cause 
to be sett, any impossition, custome or other taxation, 
rate or contribution whatsoever, in and upon the dwellers 
and inhabitants of the aforesaid Province, for their 
Lands, tenements, goods or chattells within the said 
Province, or in and upon any goods or merchandize 
within the said Province, or to be laden or unladen 
within the ports or harbours of the said Province, unless 
the same be with the consent of the Proprietary, or 
chiefe governor, and assembly, or by act of Parliament 
in England. 

AND Our Pleasure is, and for us, our heires and Suc- 
cessors, Wee charge and comand, that this our Declara- 
tion shall from henceforth be received and allowed from 
time to time in all our courts, and before all the Judges 
of us, our heires and Successors, for a sufficient and law- 
full discharge, payment and acquittance ; commanding 
all and singular the officers and ministers of us, our 
heires and Successors, and enjoyneing them upon pain 
of our high displeasure, that they doe not presume att 
any time to attempt anything to the contrary of the 
premisses, or that doe in any sort withstand the same, 
but that they be att all times aiding and assisting, as is 
fitting unto the said William Pain, and his heires, and to 
the inhabitants and merchants of the Province aforesaid, 
their Servants, Ministers, ffactors and Assignes, in the 
full use and fruition of the benefitt of this our Charter. 



OF AMERICAN HISTORY. 



H5 



AND Our further pleasure is, and wee doe hereby, for 
us, our heires and Successors, charge and require, that if 
any of the inhabitants of the said Province, to the num- 
ber of Twenty, shall at any time hereafter be desirous, 
and shall by any writeing, or by any person deputed for 
them, signify such their desire to the Bishop of London 
that any preacher or preachers, to be approved of by the 
said Bishop, may be sent unto them for their instruction, 
that then such preacher or preachers shall and may be 
and reside within the said Province, without any deniall 
or molestation whatsoever. 

AND if perchance it should happen hereafter any 
doubts or questions should arise, concerneing the true 
Sense and meaning of any word, clause, or Sentence con- 
teyned in this our present Charter, Wee will ordaine, 
and comand, that att all times and in all things, such in- 
terpretation be made thereof, and allowed in any of our 
Courts whatsoever, as shall be adjudged most advanta- 
geous and favourable unto the said William Perm, his 
heires and assignes : Provided always that no interpreta- 
tion be admitted thereof by which the allegiance due 
unto us, our heires and Successors, may suffer any preju- 
dice or diminution ; Although express mention be not 
made in these presents of the true yearly value, or cer- 
tainty of the premisses, or of any parte thereof, or of 
other gifts and grants made by us and our progenitors or 
predecessors unto the said William Penn : Any Statute, 
Act, ordinance, provision, proclamation, or restraint 
heretofore had, made, published, ordained or provided, 
or any other thing, cause, or matter whatsoever, to the 
contrary thereof in any wise notwithstanding. 

IN WITNESS whereof wee have caused these our 
Letters to be made patents: Witness OUR SELFE, at 
Westminster, the Fourth day of March, in the Three and 
Thirtieth Yeare of Our Reign. 

By Writt of Privy Scale, 

PIGOTT. 



146 



DOCUMENTS ILLUSTRATIVE 



PENN'S PLAN OF UNION— 1697. 

This plan of Union was presented to the Board 
of Trade in 1697 by Wm. Penn, in opposition to 
the Board's plan of consolidation. This is the 
first of the native plans of Union. 

Consult Frothingham's Rise, no; Bancroft's 
U. S., cen, ed. II., 277 ; last ed., II., 74 ; Chalmers' 
Revolt, I., 271 ; Hildreth's U. S., II., 198. 

MR. PENN'S PLAN FOR A UNION OF THE 
COLONIES IN AMERICA. 

A BRIEFE and Plaine Scheam how the English Colo- 
nies in the North parts of America, viz. : Boston, Connec- 
ticut, Road Island, New York, New Jerseys, Pensilvania, 
Maryland, Virginia, and Carolina may be made more 
usefull to the Crowne, and one another's peace and 
safty with an universall concurrence. 

1st. That the severall Colonies before mentioned do 
meet once a year, and oftener if need be, during the 
war, and at least once in two years in times of peace, by 
their stated and appointed Deputies, to debate and re- 
solve of such measures as are most adviseable for their 
better understanding, and the public tranquility and 
safety. 

2d. That in order to it two persons well qualified for 
sence, sobriety and substance be appointed by each Prov- 
ince, as their Representatives or Deputies, which in the 
whole make the Congress to consist of twenty persons. 

3d. That the King's Commissioner for that purpose 



OF AMERICAN HISTORY. 



H7 



specially appointed shall have the chaire and preside in 
the said Congresse. 

4th. That they shall meet as near as conveniently 
may be to the most centrall Colony for use of the Dep- 
uties. 

5th. Since that may in all probability, be New York 
both because it is near the Center of the Colonies and for 
that it is a Frontier and in the King's nomination, the 
Govr. of that Colony may therefore also be the King's 
High Commissioner during the Session after the manner 
of Scotland. 

6th. That their business shall be to hear and adjust 
all matters of Complaint or difference between Province 
and Province. As, 1st, where persons quit their own 
Province and goe to another, that they may avoid their 
just debts, tho they be able to pay them, 2nd, where 
offenders fly Justice, or Justice cannot well be had upon 
such offenders in the Provinces that entertaine them, 
3dly, to prevent or cure injuries in point of Commerce, 
4th, to consider of ways and means to support the union 
and safety of these Provinces against the. publick ene- 
mies. In which Congresse the Quotas of men and charges 
will be much easier, and more equally sett, then it is pos- 
sible for any establishment made here to do ; for the 
Provinces, knowing their own condition and one an- 
other's, can debate that matter with more freedome and 
satisfaction and better adjust and ballance their affairs 
in all respects for their common safty. 

7ly. That in times of war the King's High Commis- 
sioner shall be generall or chief Commander of the sev- 
erall Quotas upon service against a common enemy as 
he shall be advised, for the good and benefit of the 
whole. 



148 



DOCUMENTS ILLUSTRATIVE 



CHARTER OF GEORGIA— 1732. 

The colony originated in the philanthropy of 
Gen. James Oglethrope who sought to provide in 
America a refuge for the poor debtors of Eng- 
land. Oglethrope created a general interest in 
the scheme. The Society for Propagating the 
Gospel in Foreign Parts lent its aid and donated 
ten thousand pounds. The charter was issued 
June 9, 1732, for territory included in the Carolina 
Charters of 1662-63. In November, 1732, Ogle- 
thrope sailed with thirty-five families and began a 
settlement at Charleston early the next year. 
The charter expired by limitation in 1752 and the 
trustees, discouraged by the result thus far, did not 
seek a renewal of the grant, but allowed the col- 
ony to become a royal province. This patent is 
of interest as showing the final form assumed by 
the charters. 

Consult Bancroft's U. S., 1st ed., III., 491; cen. 
ed., II., 560; last ed., II., 281 ; Hildreth's U. S., 
II., 362 ; Bryant and Gay's U. S., III., 140; Chal- 
mers' Revolt, 180. 

CHARTER OF GEORGIA— 1732. 

GEORGE the second, by the grace of God, of Great 
Britain, France and Ireland, king, defender of the faith, 
and so forth. To all to whom these presents shall come, 
greeting. 



OF AMERICAN HISTOR V. l ^g 

Whereas we are credibly- informed, that many of our 
poor subjects are, through misfortunes and want of em- 
ployment, reduced to great necessity, insomuch as by 
their labor they are not able to provide a maintenance 
for themselves and families ; and if they had means to 
defray their charges of passage, and other expences, inci- 
dent to new settlements, they would be glad to settle in 
any of our provinces in America where by cultivating 
the lands, at present waste and desolate, they might not 
only gain a comfortable subsistence for themselves and 
families, but also strengthen our colonies and increase the 
trade, navigation and wealth of these our realms. And 
whereas our provinces in North America, have been fre- 
quently ravaged by Indian enemies; more especially 
that of South-Carolina, which in the late war, by the 
neighboring savages, was laid waste by fire and sword, 
and great numbers of English inhabitants, miserably 
massacred, and our loving subjects who now inhabit 
them, by reason of the smallness of their numbers, will 
in case of a new war, be exposed to the late calamities ; 
inasmuch as their whole southern frontier continueth 
unsettled, and lieth open to the said savages — And 
whereas we think it highly becoming our crown and 
royal dignity, to protect all our loving subjects, be they 
never so distant from us ; to extend our fatherly com- 
passion even to the meanest and most infatuated of our 
people, and to relieve the wants of our above mentioned 
poor subjects ; and that it will be highly conducive 
for accomplishing those ends, that a regular colony of 
the said poor people be settled and established in the 
southern territories of Carolina. And whereas we have 
been well assured, that if we will be graciously pleased 
to erect and settle a corporation, for the receiving, 
managing and disposing of the contributions of our lov- 
ing subjects : divers persons would be induced to contrib- 
ute to the purposes aforesaid — Know ye therefore, that 
we have, for the considerations aforesaid, and for the 



ISO 



DOCUMENTS ILLUSTRATIVE 



better and more orderly carrying on of the said good 
purposes ; of our special grace, certain knowledge and 
mere motion, willed, ordained, constituted and appointed, 
and by these presents, for us, our heirs and successors, 
do will, ordain, constitute, declare and grant, that our 
right trusty and well beloved John, lord-viscount Pur- 
cival, of our kingdom of Ireland, our trusty and well be- 
loved Edward Digby, George Carpenter, James Ogle- 
thorpe, George Heathcote, Thomas Tower, Robert 
Moore, Robert Hucks, Roger Holland, William Sloper, 
Francis Eyles, John Laroche, James Vernon, William 
Beletha, esquires, A. M. John Burton, B. D. Richard 
Bundy, A. M. Arthur Bedford, A. M. Samuel Smith, 
A. M. Adam Anderson and Thomas Corane, gentleman ; 
and such other persons as shall be elected in the manner 
herein after mentioned, and their successors to be elected 
in the manner herein after directed ; be, and shall be one 
body politic and corporate, in deed and in name, by the 
name of the Trustees for establishing the colony of Georgia 
in America ; and them and their successors by the same 
name, we do, by these presents, for us, our heirs and suc- 
cessors, really and fully make, ordain, constitute and 
declare, to be one body politic in deed and in name for- 
ever ; and that by the same name, they and their suc- 
cessors, shall and may have perpetual succession ; and 
that they and their successors by that name shall and 
may forever hereafter, be persons able and capable in the 
law, to purchase, have, take, receive and enjoy, to them 
and their successors, any manors, messuages, lands, tene- 
ments, rents, advowsons, liberties, privileges, jurisdic- 
tions, franchises, and other hereditaments whatsoever, 
lying and being in Great Britain, or any part thereof, of 
whatsoever nature, kind or quality, or value they be, in 
fee and in perpetuity, not exceeding the yearly value of 
one thousand pounds, beyond reprises ; also estates for 
lives, and for years, and all other manner of goods, chat- 
tels and things whatsoever they be ; for the better 



OF AMERICAN HISTORY. 



151 



settling and supporting, and maintaining the said colony, 
and other uses aforesaid ; and to give, grant, let and 
demise the said manors, messuages, lands, tenements, 
hereditaments, goods, chattels and things whatsoever 
aforesaid, by lease or leases, for term of years, in posses- 
sion at the time of granting thereof, and not in reversion, 
not exceeding the term of thirty-one years, from the time 
of granting thereof ; on which in case no fine be taken, 
shall be reserved the full, and in case a fine be taken, 
shall be reserved at least a moiety of the value that the 
same shall reasonably and bona fide be worth at the time 
of such demise; and that they and their successors, by 
the name aforesaid, shall and may forever hereafter, be 
persons able, capable in the law, to purchase, have, take, 
receive, and enjoy, to them and their successors, any 
lands, territories, possessions, tenements, jurisdictions, 
franchises and hereditaments whatsoever, lying and being 
in America, of what quantity, quality or value whatso- 
ever they be, for the better settling and supporting and 
maintaining the said colony ; and that by the name 
aforesaid they shall and may be able to sue and be sued, 
plead and be impleaded, answer and be answered unto, 
defend and be defended, in all courts and places whatso- 
ever, and before whatsoever judges, justices, and other 
officers, of us, our heirs and successors, in all and singular 
actions, plaints, pleas, matters, suits and demands, of 
what kind, nature or quality soever they be ; and to act 
and to do, all matters and things in as ample manner and 
form as any other our liege subjects of this realm of 
Great Britain, and that they and their successors forever 
hereafter, shall and may have a common seal, to serve for 
the causes and businesses of them and their successors ; 
and that it shall and may be lawful for them and their 
successors, to change, break, alter and make new the 
said seal, from time to time, and at their pleasure, and as 
they shall think best. And we do further grant, for us, 
our heirs and successors, that the said corporation, and 



I r 2 DOCUMENTS ILL USTRA TIVE 

the common council of the said corporation, hereinafter 
by us appointed, may from time to time, and at all times, 
meet about their affairs when and where they please, and 
transact and carry on the business of the said corporation. 
And for the better execution of the purposes aforesaid, 
we do, by these presents, for us, our heirs and successors, 
give and grant to the said corporation, and their succes- 
sors, that they and their successors forever, may upon the 
third Thursday in the month of March, yearly, meet at 
some convenient place to be appointed by the said corpo- 
ration, or major part of them who shall be present at any 
meeting of the said corporation, to be had for the 
appointing of the said place ; and that they, or two 
thirds of such of them, that shall be present at such 
yearly meeting, and at no other meeting of the said 
corporation, between the hours of ten in the morning 
and four in the afternoon of the same day, choose and 
elect such person or persons to be members of the said 
corporation, as they shall think beneficial to the good 
designs of the said corporation. And our further will 
and pleasure is, that if it shall happen that any person 
hereinafter by us appointed, as the common council of 
the said corporation, or any persons to be elected or 
admitted members of the said common council in the 
manner hereafter directed, shall die, or shall by writing 
under his and their hands respectively resign his or their 
office or offices of common council man or common 
council men ; the said corporation, or the major part of 
such of them as shall be present, shall and may at such 
meeting, on the said third Thursday in March yearly, in 
manner as aforesaid, next after such death or resignation, 
and at no other meeting of the said corporation, into the 
room or place of such person or persons so dead or so 
resigning, elect and choose one or more such person or 
persons, being members of the said corporation, as to 
them shall seem meet : and our will is, that all and every 
the person or persons which shall from time to time 



OF AMERICAN HISTORY. 



153 



hereafter be elected common council men of the said 
corporation as aforesaid, do and shall, before he or they 
act as common men of the said corporation, take an oath 
for the faithful and due execution of their office ; which 
oath the president of the said corporation for the time 
being, is hereby authorized and required to administer to 
such person or persons elected as aforesaid. And our 
will and pleasure is, that the first president of the said 
corporation is and shall be our trusty and well-beloved, 
the said Lord John Viscount Percival ; and that the said 
president shall, within thirty days after the passing this 
charter, cause a summons to be issued to the several 
members of the said corporation herein particularly 
named, to meet at such time and place as he shall 
appoint, to consult about and transact the business of 
said corporation. And our will and pleasure is, and we, 
by these presents, for us, our heirs, and successors, grant, 
ordain, and direct, that the common council of this cor- 
poration shall consist of fifteen in number ; and we do, 
by these presents, nominate, constitute, and appoint our 
right trusty and well-beloved John Lord Viscount Per- 
cival, our trusty and beloved Edward Digby, George 
Carpenter, James Oglethorpe, George Heathcote, Thomas 
Laroche, James Vernon, William Beletha, esqrs., and 
Stephen Hales, Master of Arts, to be the common 
council of the said corporation, to continue in the said 
office during their good behavior. And whereas it is our 
royal intention, that the members of the said corporation 
should be increased by election, as soon as conveniently 
may be, to a greater number than is hereby nominated ; 
Our further will and pleasure is, and we do hereby, for 
us, our heirs and successors, ordain and direct, that from 
the time of such increase of the members of the said 
corporation, the number of the common council shall be 
increased to twenty-four; and that the same assembly at 
which such additional members of the said corporation 
shall be chosen, there shall likewise be elected in the 



154 



DOCUMENTS ILLUSTRATIVE 



manner hereinbefore directed for the election of common 
council men, nine persons to be the said common council 
men, and to make up the number twenty-four. And our 
further will and pleasure is, that our trusty and well 
beloved Edward Digby, esquire, shall be the first chair- 
man of the common council of the said corporation ; and 
that the said lord-viscount Purcival shall be, and continue, 
president of the said corporation, and that the said 
Edward Digby shall be and continue chairman of the 
common council of the said corporation, respectively, 
until the meeting which shall be had next and immedi- 
ately after the first meeting of the said corporation, or of 
the common council of the said corporation respectively, 
and no longer ; at which said second meeting, and every 
other subsequent and future meeting of the said corpora- 
tion or of the common council of the said corporation 
respectively, in order to preserve an indifferent rotation 
of the several offices, of president of the corporation, and 
of chairman of the common council of the said corpora- 
tion we do direct and ordain that all and every the 
person and persons, members of the said common council 
for the time being, and no other, being present at such 
meetings, shall severally and respectively in their turns, 
preside at the meetings which shall from time to time be 
held of the said corporation, or of the common council of 
the said corporation respectively : and in case any doubt 
or question shall at any time arise touching or concerning 
the right of any member of the said common council to 
preside at any meeting of the said corporation, or at the 
common council of the said corporation, the same shall 
respectively be determined by the major part of the said 
corporation, or of the common council of the said corpo- 
ration respectively, who shall be present at such meeting. 
Provided always, that no member of the said common 
council having served in the offices of president of the 
said corporation, or of chairman of the common council 
of the said corporation, shall be capable of being, or of 



OF AMERICAN HISTORY. 



155 



serving as president or chairman at any meeting of the 
said corporation, or common council of the said corpora- 
tion next and immediately ensuing that in which he so 
served as president of the said corporation or chairman 
of the said common council of the said corporation 
respectively ; unless it shall so happen that at any such 
meeting of the said corporation, there shall not be any 
other member of the said common council present. And 
our will and pleasure is, that at all and every of 
the meetings of the said corporation, or of the com- 
mon council of the said corporation, the president or 
chairman for the time being, shall have a voice and 
shall vote, and shall act as a member of the said 
corporation or of the common council of the said 
corporation, at such meeting ; and in case of any 
equality of votes, the said president or chairman 
for the time being, shall have a casting vote. And 
our further will and pleasure is, that no president of the 
said corporation, or chairman of the common council of 
the said corporation or member of the said common 
council or corporation, by us by these presents appointed, 
or hereafter from time to time to be elected and ap- 
pointed in manner aforesaid, shall have, take, or receive, 
directly or indirectly, any salary, fee, perquisite, benefit 
or profit whatsoever, for or by reason of his or their 
serving the said corporation, or common council of the 
said corporation, or president, chairman or common 
council-man, or as being a member of the said corpora- 
tion. And our will and pleasure is, that the said herein 
before appointed president, chairman or common coun- 
cil-men, before he and they act respectively as such, 
shall severally take an oath for the faithful and due ex- 
ecution of their trust, to be administered to the president 
by the Chief Baron of our Court of Exchequer, for the 
time being, and by the president of the said corporation 
to the rest of the common council, who are hereby 
authorised severally and respectively, to administer the 



i 5 6 



DOCUMENTS ILLUSTRATIVE 



same. And our will and pleasure is, that all and every 
person and persons, shall have in his or their own name 
or names, or in the name or names of any person or per- 
sons in trust for him or them, or for his or their benefit, 
any place, office or employment of profit, under the said 
corporation, shall be incapable of being elected a mem- 
ber of the said corporation ; and if any member of the 
said corporation during such time as he shall continue 
a member thereof, shall in his own name or in the 
name of any person or persons, in trust for him or for 
his benefit, have, hold or exercise, accept, possess 
or enjoy, any office, place or employment of profit, 
under the said corporation, or under the common council 
of the said corporation — such member shall from the 
time of his having, holding, exercising, accepting, possess- 
ing and enjoying such office, place and employment of 
profit, cease to be a member of the said corporation. 
And we do for us, our heirs and successors, grant unto 
the said corporation, that they and their successors or 
the major part of such of them as shall be present at 
any meeting of the said corporation, convened and as- 
sembled for that purpose by a convenient notice thereof, 
shall have power from time to time, and at all times 
hereafter, to authorize and appoint such persons as they 
shall think fit to take subscriptions, and to gather and 
collect such moneys as shall be by any person or per- 
sons contributed for the purposes aforesaid ; and shall 
and may revoke and make void such authorities and ap- 
pointments, as often as they shall see cause so to do. 
And we do hereby for us, our heirs and successors, 
ordain and direct, that the said corporation every year 
lay an account in writing before the chancellor, or 
speaker, or commissioners, for the custody of the great 
seal of Great-Britain, of us, our heirs and successors ; the 
Chief Justice of the Court of King's Bench, the Master 
of Rolls, the Chief Justice of the Court of Common Pleas, 
and the chief Baron of the Exchequer of us, our heirs 



OF AMERICAN HISTORY. 



157 



and successors for the time being, or any two of them ; 
of all moneys and effects by them received or expended, 
for carrying on the good purposes aforesaid. And we 
do hereby, for us, our heirs and successors, give and 
grant unto the said corporation, and their successors, full 
power and authority to constitute, ordain and make, 
such and so many by-laws, constitutions, orders and 
ordinances, as to them, or the greater part of them, at 
their general meeting for that purpose, shall seem neces- 
sary and convenient for the well ordaining and govern- 
ing of the said corporation , and the said by-laws, con- 
stitutions, orders and ordinances, or any of them, to 
alter and annul, as they or the major part of them then 
present shall see requisite ; and in and by such by-laws, 
rules, orders and ordinances, to sell, impose and inflict, 
reasonable pains and penalties upon any offender or 
offenders, who shall trangress, break or violate the said by- 
laws, constitutions, orders and ordinances, so made as 
aforesaid, and to mitigate the same as they or the major 
part of them then present shall think convenient ; which 
said pains and penalties, shall and may be levied, sued 
for, taken, retained, and recovered, by the said corpora- 
tion and their successors, by their officers and servants, 
from time to time, to be appointed for that purpose, by 
action of debt, or by any other lawful ways or means, to 
the use and behoof of the said corporation and their suc- 
cessors, all and singular : which by-laws, constitutions, 
orders and ordinances, so as aforesaid to be made, we 
will shall be duly observed and kept, under the pains and 
penalties therein to be contained, so always, as the said 
by-laws, constitutions, orders, and ordinances, pains and 
penalties, from time to time to be made and imposed, 
be reasonable and not contrary or repugnant to the laws 
or statutes of this our realm ; and that such by-laws, 
constitutions and ordinances, pains and penalties, from 
time to time to be made and imposed ; and any repeal 
or alteration thereof, or any of them, may be likewise 



158 



DOCUMENTS ILLUSTRATIVE 



agreed to be established and confirmed by the said gen- 
eral meeting of the said corporation, to be held and kept 
next after the same shall be respectively made. And 
whereas the said corporation intend to settle a colony, 
and to make an habitation and plantation in that part 
of our province of South-Carolina, in America, herein 
after described — Know ye, that we greatly desiring the 
happy success of the said corporation, for their further 
encouragement in accomplishing so excellent a work 
have of our aforesaid grace, certain knowledge and 
mere motion, given and granted by these presents, for 
us, our heirs and successors, do give and grant to the 
said corporation and their successors under the reserva- 
tion, limitation and declaration, hereafter expressed, 
seven undivided parts, the whole in eight equal parts to 
be divided, of all those lands, countrys and territories 
situate, lying and being in that part of South-Carolina, 
in America, which lies from the most northern part of a 
stream or river there, commonly called the Savannah, 
all along the sea coast to the southward, unto the most 
southern stream of a certain other great water or river 
called the Alatamaha, and westterly from the heads of 
the said rivers respectively, in direct lines to the south 
seas ; and all that share, circuit and precinct of land, 
within the said boundaries, with the islands on the sea, 
lying opposite to the eastern coast of the said lands, 
within twenty leagues of the same, which are not inhab- 
ited already, or settled, by any authority derived from 
the crown of Great-Britain : together with all the soils, 
grounds, havens, ports, gulfs, and bays, mines, as well 
royal mines of gold and silver, as other minerals, pre- 
cious stones, quarries, woods, rivers, waters, fishings, 
as well royal fishings of whale and sturgeon as other 
fishings, pearls, commodities, jurisdictions, royalties, 
franchises, privileges and pre-eminences within the said 
frontiers and precincts thereof and thereunto, in any sort 
belonging or appertaining, and which we by our letters 



OF AMERICAN HIS TOR Y. l - g 

patent may or can grant, and in as ample manner and 
sort as we may or any of our royal progenitors have 
hitherto granted to any company, body politic or corpo- 
rate, or to any adventurer or adventurers, undertaker or 
undertakers, of any discoveries plantations or traffic, of, 
in, or unto any foreign parts whatsoever; and in as legal 
and ample manner, as if the same were herein particu- 
larly mentioned and- expressed ; to have, hold, possess 
and enjoy, the said seven undivided parts, the whole 
into eight equal parts, to be divided as aforesaid, of all 
and singular the lands, countries and territories, with all 
and singular other the premises herein before by these 
presents granted or mentioned, or intended to 
be granted to them, the said corporation, and their 
successors forever, for the better support of the 
said colony, to be holden of us, our heirs and suc- 
cessors as of our honour of Hampton-court, in our 
county of Middlesex in free and common soccage, 
and not in capite, yielding, and paying therefor to 
us, our heirs and successors yearly forever, the sum 
of four shillings for every hundred acres of the said 
lands, which the said corporation shall grant, demise, 
plant or settle ; the said payment not to commence or 
to be made, until ten years after such grant, demise, 
planting or settling ; and to be answered and paid to us, 
our heirs and successors, in such manner and in such 
species of money or notes, as shall be current in pay- 
ment, by proclamation from time to time, in our said 
province of South-Carolina. All which lands, countries, 
territories and premises, hereby granted or mentioned, 
and intended to be granted, we do by these presents, 
make, erect and create one independent and separate 
province, by the name of Georgia, by which name we 
will, the same henceforth be called. And that all and 
every person or persons, who shall at any time hereafter 
inhabit or reside within our said province, shall be, and 
are hereby declared to be free, and shall not be subject 



1 60 DOCUMENTS ILL USTRA TIVE 

to or be bound to obey any laws, orders, statutes or 
constitutions, which have been heretofore made, ordered 
or enacted by, for, or as, the laws, orders, statutes or 
constitutions of our said province of South-Carolina, 
(save and except only the in chief of the militia, of our 
said province of Georgia, to our governor for the time 
being of South-Carolina, in manner hereafter declared ;) 
but shall be subject to, and bound to obey, such laws, 
orders, statutes and constitutions as shall from time to 
time be made, ordered and enacted, for the better 
government of the said province of Georgia, in the man- 
ner hereinafter declared. And we do hereby, for our 
heirs and successors, ordain, will and establish, that for 
and during the term of twenty-one years, to commence 
from the date of these our letters patent, the said cor- 
poration assembled for that purpose, shall and may form 
and prepare, laws, statutes and ordinances, fit and neces- 
sary for and concerning the government of the said col- 
ony, and not repugnant to the laws and statutes of Eng- 
land ; and the same shall and may present under their 
common seal to us, our heirs and successors, in our or 
their privy council for our or their approbation or disal- 
lowance : and the said laws, statutes and ordinances, be- 
ing approved of by us, our heirs and successors, in our 
or their privy council, shall from thence forth be in full 
force and virtue within our said province of Georgia. 
And forasmuch as the good and prosperous success of 
the said colony cannot but chiefly depend, next under 
the blessing of God, and the support of our royal author- 
ity, upon the provident and good direction of the whole 
enterprise, and that it will be too great a burthen upon 
all the members of the said corporation to be convened 
so often as may be requisite, to hold meetings for the 
settling, supporting, ordering, and maintaining the said 
colony ; therefore we do will, ordain and establish, that 
the said common council for the time being, of the said 
corporation being assembled for that purpose, or the 



OF AMERICAN HIS TOR Y. 1 g l 

major part of them, shall from time to time, and at all 
times hereafter, have full power and authority to dispose 
of, extend and apply all the monies and effects belong- 
ing to the said corporation, in such manner and ways 
and by such expenses as they shall think best to con- 
duce to the carrying on and effecting the good purposes 
herein mentioned and intended ; and also shall have 
full power in the name and on account of the said cor- 
poration, and with and under their common seal, to enter 
under any covenants or contracts, for carrying on and 
effecting the purposes aforesaid. And our further will 
and pleasure is, that the said common council for the 
time being, or the major part of such common council, 
which shall be present and assembled for that purpose, 
from time to time, and at all times hereafter, shall and 
may nominate, constitute and appoint a treasurer or 
treasurers, secretary or secretaries, and such other offi- 
cers, ministers and servants of the said corporation as to 
them or the major part of them as shall be present, shall 
seem proper or requisite for the good management of 
their affairs ; and at their will and pleasure to displace, 
remove and put out such treasurer or treasurers, secre- 
tary or secretaries, and all such other officers, ministers 
and servants, as often as they shall think fit so to do ; 
and others in the room, office, place or station of him or 
them so displaced, removed or put out, to nominate, 
constitute and appoint ; and shall and may determine 
and appoint, such reasonable salaries, perquisites and 
other rewards, for their labor, or service of such officers, 
servants and persons as to the said common council shall 
seem meet ; and all such officers servants and persons 
shall, before the acting in their respective offices, take 
an oath to be to them administered by the chairman for 
the time being of the said common council of the said 
corporation, who is hereby authorized to administer the 
same, for the faithful and due execution of their respect- 
ive offices and places. And our will and pleasure is, 
ii 



j 62 DOCUMENTS ILL USTRA TIVE 

that all such person and persons, who shall from time to 
time be chosen or appointed treasurer, or treasurers, 
secretary or secretaries of the said corporation, in man- 
ner herein after directed, shall during such times as they 
shall serve in the said offices respectively, be incapable 
of being a member of the said corporation. And we do 
further of our special grace, certain knowledge and mere 
motion, for us, our heirs and successors, grant, by these 
presents, to the said corporation and their successors, 
that it shall be lawful for them and their officers or 
agents, at all times hereafter, to transport and convey 
out of our realm of Great-Britain, or any other of our 
dominions, into the said province of Georgia, to be there 
settled so many of our loving subjects, or any foreigners 
that are willing to become our subjects, and live under 
our allegiance, in the said colony, as shall be willing to 
go to, inhabit, or reside there, with sufficient shipping, 
armour, weapons, powder, shot, ordnance, munition, 
victuals, merchandize and wares, as are esteemed by the 
wild people ; clothing, implements, furniture, cattle, 
horses, mares, and all other things necessary for the said 
colony, and for the use and defence and trade with the 
people there, and in passing and returning to and from 
the same. Also we do, for ourselves and successors, 
declare, by these presents, that all and every the persons 
which shall happen to be born within the said province, 
and every of their children and posterity, shall have and. 
enjoy all liberties, franchises and immunities of free deni- 
zens and natural born subjects, within any of our domin- 
ions, to all intents and purposes, as if abiding and born 
within this our kingdom of Great-Britain, or any other 
dominion. And for the greater ease and encourage- 
ment of our loving subjects and such others as shall 
come to inhabit in our said colony, we do by these pres- 
ents, for us, our heirs and successors, grant, establish and 
ordain, that forever hereafter, there shall be a liberty of 
conscience allowed in the worship of God, to all persons 



OF AMERICAN HISTORY. 



163 



inhabiting, or which shall inhabit or be resident within 
our said province, and that all such persons, except 
papists, shall have a free exercise of religion, so they be 
contented with the quiet and peaceable enjoyment of 
the same, not giving offence or scandal to the govern- 
ment. And our further will and pleasure is, and we do 
hereby for us, our heirs and successors, declare and grant, 
that it shall and may be lawful for the said common 
council, or the major part of them assembled for that 
purpose, in the name of the corporation, and under the 
common seal, to distribute, convey, assign and set over 
such particular portions of lands, tenements and heredita- 
ments by these presents granted to the said corporation, 
unto such our loving subjects, natural born, denizens or 
others that shall be willing to become our subjects, and 
live under our allegiance in the said colony, upon such 
terms, and for such estates, and upon such rents, reserva- 
tions and conditions as the same may be lawfully 
granted, and as to the said common council, or the ma- 
jor part of them so present, shall seem fit and proper. 
Provided always that no grants shall be made of any 
part of the said lands unto any person, being a member 
of the said corporation ; or to any other person in trust, 
for the benefit of any member of the said corporation ; 
and that no person having any estate or interest, in law 
or equity, in any part of the said lands, shall be capable 
of being a member of the said corporation, during the 
continuance of such estate or interest. Provided also, 
that no greater quantity of lands be granted, either en- 
tirely or in parcels, to or for the use, or in trust for any 
one person, than five hundred acres ; and that all grants 
made contrary to the true intent and meaning hereof, shall 
be absolutely null and void. And we do hereby grant 
and ordain, that such person or persons, for the time be- 
ing as shall be thereunto appointed by the said corpora- 
tion, shall and may at all times, and from time to time 
hereafter, have full power and authority to administer 



164 



DOCUMENTS ILLUSTRATIVE 



and give the oaths, appointed by an act of parliament, 
made in the first year of the reign of our late royal 
father, to be taken instead of the oaths of allegiance and 
supremacy ; and also the oath of abjuration, to all and 
every person and persons which shall at any time be in- 
habiting or residing with our said colony ; and in like 
cases to administer the solemn affirmation to any of the 
persons commonly called quakers, in such manner as by 
the laws of our realm of Great-Britain, the same may be 
administered. And we do, of our further grace, certain 
knowledge and mere motion, grant, establish and ordain, 
for us, our heirs and successors, that the said corporation 
and their successors, shall have full power and authority, 
for and during the term of twenty-one years, to com- 
mence from the date of these our letters patent, to erect 
and constitute judicatories and courts of record, or other 
courts, to be held in the name of us, our heirs and suc- 
cessors, for the hearing and determining of all manner of 
crimes, offences, pleas, processes, plaints, actions, matters, 
causes and things whatsoever, arising or happening, 
within the said province of Georgia, or between persons 
of Georgia ; whether the same be criminal or civil, and 
whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal or mixed : and 
for awarding and making out executions thereupon ; to 
which courts and judicatories, we do hereby, for us, our 
heirs and successors, give and grant full power and au- 
thority from time to time, to administer oaths for the 
discovery of truth in any matter in controversy, or de- 
pending before them, or the solemn affirmation, to any 
of the persons commonly called quakers, in such manner, 
as by the laws of our realm of Great-Britain, the same 
may be administered. And our further will and pleasure 
is, that the said corporation and their successors, do from 
time to time, and at all times hereafter, register or cause 
to be registered, all such leases, grants, plantings, con- 
veyances, settlements, and improvements whatsoever, as 



OF AMERICAN HISTORY 



l6 5 



shall at any time hereafter be made by, or in the 
name of the said corporation of any lands, tenements 
or hereditaments within the said province ; and shall 
yearly send and transmit, or cause to be sent or trans- 
mitted, authentic accounts of such leases, grants, con- 
veyances, settlements and improvements respectively, 
unto the auditor of the plantations for the time being, 
or his deputy, and also to our surveyor for the time 
being of our said province of South-Carolina ; to whom 
we do hereby grant full power and authority from time 
to time, as often as need shall require, to inspect and 
survey, such of the said lands and premises, as shall be 
demised, granted and settled as aforesaid ; which said 
survey and inspection, we do hereby declare, to be 
intended to ascertain the quitrents which shall from 
time to time become due to us, our heirs and successors, 
according to the reservation herein before mentioned, 
and for no other purposes whatsoever ; hereby for us, 
our heirs and successors, strictly enjoining and command- 
ing, that neither our or their surveyor, or any person 
whatsoever, under the pretext and colour of making the 
said survey or inspection, shall take, demand or receive, 
any gratuity, fee or reward, of or from, any person or 
persons, inhabiting in the said colony, or from the said 
corporation or common council of the same, on the pain 
of forfeiture of the said office or offices, and incurring 
our highest displeasure. Provided always, and our 
further will and pleasure is, that all leases, grants and 
conveyances to be made by or in the name of the said 
corporation, of any lands within the said province, or a 
memorial containing the substance and effect thereof, 
shall be registered with the auditor of the said planta- 
tions, of us, our heirs and successors, within the space of 
one year, to be computed from the date thereof, other- 
wise the same shall be void. And our further will and 
pleasure is, that the rents, issues and all other profits, 
which shall at any time hereafter come to the said corpo- 



1 66 DOCUMENTS ILL USTRA TIVE 

ration, or the major part of them which shall be present 
at any meeting for that purpose assembled, shall think 
will most improve and enlarge the said colony, and best 
answer the good purposes herein before mentioned, and 
for defraying all other charges about the same. And our 
will and pleasure is, that the said corporation and their 
successors, shall from time to time give in to one of the 
principal secretaries of state, and to the commissioners 
of trade and plantations, accounts of the progresses of 
the said colony. And our will and pleasure is that no 
act done at any meeting of the said common council of 
the said corporation, shall be effectual and valid, unless 
eight members at least of the said common council, 
including the member who shall serve as chairman at the 
said meeting, be present, and the major part of them 
consenting thereunto. And our will and pleasure is, that 
the common council of the said corporation for the time 
being, or the major part of them who shall be present, 
being assembled for that purpose, shall from time to 
time, for, and during, and unto the full end and expira- 
tion of twenty-one years, to commence from the date of 
these our letters patent, have full power and authority to 
nominate, make, constitute and commission, ordain and 
appoint, by such name or names, style or styles, as to 
them shall seem meet and fitting, all and singular such 
governors, judges, magistrates, ministers and officers, 
civil and military, both by sea and land, within the said 
districts, as shall by them be thought fit and needful to 
be made or used for the said government of the said 
colony ; save always, and except such offices only as shall 
by us, our heirs and successors, be from time to time 
constituted and appointed, for the managing collecting 
and receiving such revenues, as shall from time to time 
arise within the said province of Georgia, and become 
due to us, our heirs and successors. Provided always, 
and it is our will and pleasure, that every governor of the 
said province of Georgia, to be appointed by the com- 



OF AMERICAN HISTORY. 



167 



mon council of the said corporation, before he shall 
enter upon or execute the said office of governor, shall 
be approved by us, our heirs or successors, and shall take 
such oaths, and shall qualify himself in such manner, in 
all respects, as any governor or commander in chief of 
any of our colonies or plantations in America, are bylaw- 
required to do ; and shall give good and sufficient se- 
curity for observing the several acts of parliament relating 
to trade and navigation, and to observe and obey all 
instructions that shall be sent to him by us, our heirs 
and successors, or any acting under our or their authority, 
pursuant to the said acts, or any of them. And we do 
by these presents for us, our heirs and successors, will, 
grant and ordain, that the said corporation and their 
successors, shall have full power for and during and until 
the full end and term of twenty-one years, to commence 
from the date of these our letters patent, by any com- 
mander or other officer or officers, by them for that pur- 
pose from time to time appointed, to train and instruct, 
exercise and govern a militia, for the special defence and 
safety of our said colony, to assemble in martial array, 
the inhabitants of the said colony, and to lead and con- 
duct them, and with them to encounter, expulse, repel, 
resist and pursue, by force of arms, as well by sea as by 
land, within or without the limits of our said colony ; 
and also to kill, slay and destroy, and conquer by all 
fitting ways, enterprizes and means whatsoever, all and 
every such person or persons as shall at any time here- 
after, in any hostile manner, attempt or enterprize the 
destruction, invasion, detriment or annoyance of our said 
colony ; and to use and exercise the martial law in time 
of actual war and invasion or rebellion, in such cases, 
where by law the same may be used or exercised ; and 
also from time to time to erect forts, and fortify any 
place or places within our said colony, and the same to 
furnish with all necessary ammunition, provisions and 
stores of war, for offence and defence, and to commit 



1 68 DOCUMENTS ILL USTRA TIVE 

from time to time the custody or government of the 
same, to such person or persons as to them shall seem 
meet : and the said forts and fortifications to demolish at 
their pleasure ; and to take and surprize, by all ways 
and means, all and every such person or persons, with 
their ships, arms, ammunition and other goods, as shall 
in an hostile manner, invade or attempt the invading, 
conquering or annoying of our said colony. And our 
will and pleasure is, and we do hereby, for us, our heirs 
and successors, declare and grant, that the governor and 
commander in chief of the province of South-Carolina, 
of us, our heirs and successors, for the time being, shall 
at all times hereafter have the chief command of the 
militia of our said province, hereby erected and estab- 
lished ; and that such militia shall observe and obey all 
orders and directions, that shall from time to time be 
given or sent to them by the said governor or commander 
in chief ; any thing in these presents before contained to 
the contrary hereof, in any wise notwithstanding. And, 
of our more special grace, certain knowledge and mere 
motion, we have given and granted, and by these presents, 
for us, our heirs and successors, do give and grant, unto 
the said corporation and their successors, full power and 
authority to import and export their goods, at and from 
any port or ports that shall be appointed by us, our heirs 
and successors, within the said province of Georgia, for 
that purpose, without being obliged to touch at any 
other port in South-Carolina. And we do, by these 
presents, for us, our heirs and successors, will and declare, 
that from and after the termination of the said term of 
twenty-one years, such form of government and method 
of making laws, statutes and ordinances, for the better 
governing and ordering the said province of Georgia, and 
the inhabitants thereof, shall be established and observed 
within the same, as we, our heirs and successors, shall 
hereafter ordain and appoint, and shall be agreeably to 
law : and that from and after the determination of the 



OF AMERICAN HISTORY. 



i6g 



said term of twenty-one years, the governor of our said 
province of Georgia, and all officers civil and military, 
within the same, shall from time to time be nominated 
and constituted, and appointed by us, our heirs and 
successors. And lastly, we do hereby, for us, our heirs 
and successors, grant unto the said corporation and their 
successors, that these our letters patent, or the enrol- 
ments or exemplification thereof, shall be in and by all 
things good, firm, valid, sufficient and effectual in the 
law, according to the true intent and meaning thereof, 
and shall be taken, construed and adjudged, in all courts 
and elsewhere in the most favorable and beneficial sense, 
and for the best advantage of the said corporation and 
their successors any omission, imperfection, defect, 
matter or cause, or thing whatsoever to the contrary, in 
any wise notwithstanding. In witness, we have caused 
these our letters to be made patent : witness ourself at 
Westminster, the ninth day of June, in the fifth year of 
our reign. 

By writ of privy-seal. 

COOKS. 



170 



DOCUMENTS ILLUSTRATIVE 



FRANKLIN'S PLAN OF UNION— 1754. 

Viewing with apprehension the encroachments 
of France in America, the Lords of Trade in 1753 
directed the governors to recommend their re- 
spective assemblies to appoint delegates to a con- 
gress to meet at time and place to be fixed by the 
Governor of New York. The congress was to 
treat with the Six Nations of New York, and secure 
their alliance in a possible war with France. It 
was suggested that the colonies form a league for 
mutual defence. Commissioners from seven col- 
onies met at Albany June 19, 1754. After con- 
cluding the treaty with the Six Nations, the 
following plan of Union, largely drawn by Franklin, 
was adopted for recommendation to colonial as- 
semblies. The plan was, as Frothingham tersely 
says, " rejected in America because it had too much 
of the prerogative, and in England because it was 
too democratic." 

The plan is here given with the interesting 
comments of Franklin, which are distinguished by 
italics. 

Consult Bancroft's U.S., 1st ed., IV., 123; 
cen. ed., III., 80; last ed., IV., 387; Hildreth's 
U. S., II., 443 ; Frothingham 's Rise, 136 ; Bryant 
and Gay's U. S., III., 261 ; Greene's Historical 
View, 69; Chalmers' Revolt, II., 271. 



OF AMERICA c\' HISTORY. 



FRANKLIN'S PLAN OF UNION— 1754. 



171 



PLAN of a proposed Union of the several Colonies of 
Massachusetts-Bay, New Hampshire, Connecticut, Rhode 
Island, New-York, New-Jersey, Pennsylvania, Mary- 
land, Virginia, North Carolina, and South Carolina for 
their mutual Defence and Security, and for the extend- 
ing the British Settlements in North America. 

That humble application be made for an act of Par- 
liament of Great Britain, by virtue of which one general 
government may be formed in America, including all 
the said Colonies, within and under which government 
each Colony may retain its present constitution, except 
in the particulars wherein a change may be directed by 
the said act, as hereafter follows. 

PRESIDENT-GENERAL AND GRAND COUNCIL. 

That the said general government be administered by 
a President-General, to be appointed and supported by 
the crown ; and a Grand Council to be chosen by the 
representatives of the people of the several Colonies 
met in their respective assemblies. 

It was thought that it zvould be best the President- 
General should be supported as well as appointed by the 
crown, that so all disputes between him and the Grand- 
Council concerning Iris salary might be prevented ; as such 
disputes have been frequently of mischievous consequence 
in particular Colonies, especially in time of public danger. 
The quitrents of crown lands in America might in a short 
time be sufficient for this purpose. The choice of members 
for the Grand-Council is placed in the House of Represent- 
atives of each government, in order to give the people a 
share in this nezv general government, as the crown has its 
share by the appointment of the President-General. 

But it being proposed by the gentlemen of the Council of 
Nciv York, and some other counsellors among the commis- 



172 



DOCUMENTS ILLUSTRATIVE 



sioners, to alter the plan in this particular, and to give 
the governors and councils of the several Provinces a share 
in the choice of the Grand-Council, or at least a power of 
approving and confirming, or of disallowing, the choice 
made by the House of Representatives, it zvas said, — " That 
the government or constitution, proposed to be formed by the 
plan, consists of two branches : a President-General ap- 
pointed by the crown, and a Council chosen by the people, or 
by the people's representatives, which is the same thing. 

" That, by a subsequent article, the council chosen by the 
people can effect nothing without the consent of the Presi- 
dent-General appointed by the crown ; the crown possesses, 
therefore, full one half of the power of this constitution. 

" That in the British constitution, the crown is supposed 
to possess but one third, the Lords having their share. 

" That the constitution seemed rather more favorable for 
the crown. 

" That it is essential to English liberty that the subject 
should not be taxed but by his own consent, or the conse?it 
of his elected representatives. 

" That taxes to be laid and levied by this proposed con- 
stitution will be proposed and agreed to by the representa- 
tives of the people, if the plan in this particular be pre- 
served. 

" But if the proposed alteration should take place, it 
seemed as if matters may be so ma?iaged, as that the crown 
shall finally have the appointment, not only of the President- 
General, but of a majority of the Grand-Council ; for 
seven out of eleven governors and councils are appoi)itcd by 
the crown. 

" And so the people in all the Colonics would in effect be 
taxed by their governors. 

" It was therefore apprehended, that such alterations of 
the plan would give great dissatisfaction, and that the Col- 
onies coidd not be easy under such a power in governors, 
and such an infringement of what they take to be English 
liberty. 



OF AMERICAN HISTORY. 



*73 



' ' Besides, the giving a share in the choice of the Grand 
Council would not be equal with respect to all the Colonies, 
as their constitutions differ. In some, both governor and 
council are appointed by the crozvn. In others, they are 
both appointed by the proprietors. In some, the people have 
a share in the choice of the council ; in others, both govern- 
ment and council are wholly chosen by the people. But the 
House of Representatives is everywhere chosen by the people ; 
and, therefore, placing the right of choosing the Grand 
Council in the representatives is equal with respect to all. 

" That the Grand Council is intended to represent all the 
several Houses of Representatives of the Colonies, as a House 
of Representatives doth the several towns or counties of a 
Colony. Could all the people of a Colony be consulted and 
unite in public measures, a House of Representatives would 
be needless, and could all the Assemblies consult and unite in 
general measures, the Grand Council would be unnecessary. 

" That a House of Commons or the House of Representa- 
tives, and the Grand Council are alike in their nature and 
intention. And, as it would seem improper that the King 
or House of Lords should have a power of disallozving or ap- 
pointing Members of the House of Commons ; so, likewise, 
that a governor and council appointed by the crown should 
have a power of disallowing or appointing members of the 
Grand Council, who, in this constitution, are to be the rep- 
resentatives of the people. 

u If the governor and councils therefore were to have a 
share in the choice of any that are to conduct this general 
government, it should seem more proper that they should 
choose the President- General. B?it this being an office of 
great trust and importance to the nation, it was thought 
better to be filled by the immediate appointment of the 
crown. 

" The power proposed to be given by the plan to the Grand 
Council is only a concentration of the powers of the several 
assemblies in certain points for the general welfare ; as the 



1/4 



DOCUMENTS ILLUSTRATIVE 



power of the President-General is of the several governors 
in the same point. 

" And as the choice therefore of the Grand Council, by 
the representatives of the people, neither gives the people any 
new powers, nor diminishes the power of the crown, it was 
thought and hoped the crown zvould not disapprove of it." 

Upon the whole, the commissioners were of opinion, that 
the choice was most properly placed in the representatives of 
the people. 

ELECTION OF MEMBERS. 

That within months after the passing such act, 

the House of Representatives that happens to be sitting 
within that time, or that shall be especially for that 
purpose convened, may and shall choose members for 
the Grand Council, in the following proportion, that is 
to say, 

Massachusetts Bay 7 

New Hampshire 2 

Connecticut • 5 

Rhode Island 2 

New York 4 

New Jersey 3 

Pennsylvania 6 

Maryland 4 

Virginia 7 

North Carolina 4 

South Carolina 4 

48 

It was thought, that if the least Colony was allowed two, 
and the others in proportion, the number would be very 
great, and the expense heavy ; and that less than two would 
not be convenient, as, a single person being by any accident 
prevented appearing at the meeting, the Colony he ought ap- 
pear for would not be represented. That, as the choice was 
not immediately popular, they zvould be generally men of good 



OF AMERICAN HISTORY. 



175 



abilities for business, and men of reputation for integrity, 
and that forty-eight such men might be a number sufficient. 
But, though it was thouglit reasonable that each Colony 
should have a share in the representative body in some degree 
according to the proportion it contributed to the general 
treasury, yet the proportion of wealtJi or power of the Col- 
onies is not to be judged by the proportion here fixed : be- 
cause it was at first agreed, that the greatest Colony should 
not have more than seven members, nor the least less than 
two ; and the setting these proportions between these two ex- 
tremes was not fiicely attended to, as it would find itself, 
after the first election, from the sum brought into the treas- 
ury by a subsequent article. 

PLACE OF FIRST MEETING. 

— Who shall meet for the first time at the city of Phila- 
delphia in Pennsylvania, being called by the President- 
General as soon as conveniently may be after his ap- 
pointment. 

Philadelphia was named as being nearer the centre of 
the Colonies, where the commissioners would be well and 
cheaply accommodated. The high roads, through the whole 
extent, are for the most part very good, in which forty or 
fifty miles a day may very well be, and frequently are, 
travelled. Great part of the way may likewise be gone by 
water. In summer time, the passages are frequently per- 
formed in a week from Charleston to Philadelphia and 
New York, and from Rhode Island to New York through 
the Sound, in two or three days, and from New York to 
Philadelphia, by zvater and land, in two days, by stage 
boats, and street carriages that set out every other day. 
The journey from Charleston to Philadelphia may likewise 
be facilitated by boats running up Chesapeake Bay three 
hundred miles. But if the whole journey be performed on 
horseback, the most distant members, viz., the two from 
New Hampshire and from South Carolina, may probably 



176 



DOCUMENTS ILLUSTRATIVE 



render themselves at Philadelpliia in fifteen or twenty 
days ; the majority may be there in much less time. 

NEW ELECTION. 

That there shall be a new election of the members of 
the Grand Council every three years ; and, on the death 
or resignation of any member, his place should be sup- 
plied by a new choice at the next sitting of the Assem- 
bly of the Colony he represented. 

Some Colonies have annual assemblies, some continue 
during a governor 's pleasure ; three years was thought a 
reasonable medium as affording a new member time to im- 
prove liimsclf in the business, and to act after such improve- 
ment, and yet giving opportunities, frequctitly enough, to 
change him if he lias misbehaved. 

PROPORTION OF MEMBERS AFTER THE FIRST THREE 

YEARS. 

That after the first three years, when the proportion 
of money arising out of each Colony to the general 
treasury can be known, the number of members to be 
chosen for each Colony shall, from time to time, in all 
ensuing elections, be regulated by that proportion, 
yet so as that the number to be chosen by any one 
Province be not more than seven, nor less than two. 

By a subsequent article, it is proposed that the Ge?ieral 
Council shall lay and levy such general duties as to them 
may appear most equal and least burdensome, etc. Suppose, 
for instance, they lay a small duty or excise on some com- 
modity imported into or made in the Colonies, and pretty gen- 
erally and equally used in all of them, as rum, perhaps, or 
wi?ie ; the yearly produce of this duty or excise, if fairly col- 
lected, would be in some Colonies greater, in others less, as the 
Colonics are greater or smaller. When the collector s accounts 
are brought in, the proportions zvill appear ; and from them 
it is proposed to regulate the proportion of the representa- 
tives to be chosen at the next general election, within the 



OF AMERICAN HISTORY. 



W 



limits, however, of seven and two. These numbers may 
therefore vary in the course of years, as the Colonies may in 
the growth and increase of people. And thus the quota 
of tax from each Colony would nattirally vary with its cir- 
cumstances, thereby preventing all disputes and dissatisfac- 
tion about the just proportions due from each, which might 
otherwise produce penicious consequences, and destroy the 
harmony and good agreement that ought to subsist between 
the several parts of the Union. 

MEETINGS OF THE GRAND COUNCIL AND CALL. 

That the Grand Council shall meet once in every year, 
and oftener if occasion require, at such time and place 
as they shall adjourn to at the last preceding meeting, 
or as they shall be called to meet at by the President- 
General on any emergency ; he having first obtained in 
writing the consent of seven of the members to such 
call, and sent due and timely notice to the whole. 

// was thought, in establishing and governing new Colo- 
nies or settlements, or regulating Indian trade, Indian trea- 
ties, etc. , there would, every year, sufficient business arise 
to require at least one meeting, and at such meeting many 
things might be suggested for the benefit of all the Colonies. 
This annual meeting may cither be at a time and place cer- 
tain, to be fixed by the President-General and Grand Council 
at their first meeting ; or left at liberty, to be at such time 
and place as they shall adjourn to, or be called to meet at, by 
the President-General. 

Ii time of war, it seems convenient that the meeting 
should be in that colony which is nearest the seat of action. 

The poivcr of calling them on any emergency seemed neces- 
sary to be vested in the President -General ; but, that such 
potver might not be wantonly used to harass the members, 
and oblige them to make frequent long journeys to little pur- 
pose, the consent of seven at least to such call was supposed 
a convenient guard. 



i 7 8 



DOCUMENTS ILLUSTRATIVE 



CONTINUANCE. 



That the Grand Council have power to choose their 
speaker; and shall neither be dissolved, prorogued, nor 
continued sitting longer than six weeks at one time, 
without their own consent or the special command of the 
crown. 

The speaker should be presented for approbation ; it being 
convenient ', to prevent misunderstandings and disgusts, that 
the mouth of the Council should be a persoji agreeable, if 
possible, to the Council and President-General. 

Governors have sometimes wantonly exercised the power of 
proroguing or continuing the sessions of assemblies, merely 
to harass the members and compel a compliance ; and some- 
times dissolve them on slight disgusts. This it was feared 
might be done by the President-General, if not provided 
against ; and the inconvenience and JiardsJiip would be 
greater in the general government than in particular Colo- 
nies, in proportion to the distance the members must be 
from home during sittings, and the long journeys some of 
them must necessarily take. 

MEMBERS' ALLOWANCE. 

That the members of the Grand Council shall be al- 
lowed for their service ten shillings per diem, during 
their session and journey to and from the place of meet- 
ing ; twenty miles to be reckoned a day's journey. 

// was thought proper to alloiv some wages, lest the ex- 
pense might deter some suitable persons from the service; 
and not to alloiv too great wages, lest unsuitable persons 
should be tempted to cabal for the employment, for the sake 
of gain. Twenty miles were set down as a days journey, 
to allow for accidental hindrances on the road, and the 
greater expenses of travelling than residing at the place of 
meeting. 



OF AMERICAN HIS TOR Y. l jq 

ASSENT OF PRESIDENT-GENERAL AND HIS DUTY. 

That the assent of the President-General be requisite 
to all acts of the Grand Council, and that it be his office 
and duty to cause them to be carried into execution. 

The assent of the President-General to all acts of the 
Grand Council was made necessary in order to give the 
crown its due share of influence in this government, and 
connect it with that of Great Britain. The President-Gen- 
eral, besides one half of the legislative power, hath in his 
ha/ids the whole executive power. 

POWER OF PRESIDENT-GENERAL AND GRAND COUNCIL, 
TREATIES OF PEACE AND WAR. 

That the President-General, with the advice of the 
Grand Council, hold or direct all Indian treaties, in 
which the general interest of the Colonies may be con- 
cerned, and make peace or declare war with Indian na- 
tions. 

The power of making peace or war with Indian nations is 
at present supposed to be in every Colony, and is expressly 
granted to some by charter, so that no new power is hereby 
intended to be granted to the Colonies. But as, in conse- 
quence of this poiver, one Colony might make peace with a 
nation that another was justly engaged in war with ; or 
make war on slight occasion without the concurrence or ap- 
probation of neighboring Colonics, greatly endangered by it ; 
or make particular treaties of neutrality in case of a general 
war, to their own private advantage in trade, by supplying 
the common enemy, of all which there have been instances, 
it was thought better to have all treaties of a general nature 
under a general direction, that so the good of the whole may 
be consulted and provided for. 

INDIAN TRADE. 

That they make such laws as they judge necessary for 
regulating all Indian trade. 



I So DOCUMENTS ILL USTRA TIVE 

Many quarrels and wars have arisen between the colonies 
and Indian nations, tlirougJi the bad conduct of traders, who 
cheat the Indians after making them drunk, etc., to the 
great expense of the colonies, both in blood and treasure. 
Particular colonies are so interested in the trade, as not to 
be willing to admit such a regulation as might be best for 
the whole ; and therefore it was thought best under a general 
direction. 

INDIAN PURCHASES. 

That they make all purchases from Indians, for the 
crown, of lands not now within the bounds of particular 
colonies, or that shall not be within their bounds when 
some of them are reduced to more convenient dimen- 
sions. 

Purchases from the Indians, made by private persons, 
have been attended with many inconveniences. They have 
frequently interfered and occasioned uncertainty of titles, 
many disputes and expensive lawsuits, and hindered the set- 
tlement of the land so disputed. Then the Indians have 
been cheated by such private purchases, and discontent and 
wars have been the consequence. These would be prevented 
by public fair purchases. 

Several of the Colony charters in America extend their 
bounds to the South Sea, which may perhaps be three or 
four thousand miles in length to one or two hundred miles 
in breadtJi. It is supposed they must in time be reduced to 
dimensions more convenient for the common purposes of gov- 
ernment. 

Very little of the land in these grants is yet purchased 
of the Indians. 

It is much cheaper to purchase of them, than to take and 
maintain the possession by force ; for they are generally 
very reasonable in their demands for land; and the ex- 
pense of guarding a large frontier against their incursions 
is vastly great ; because all must be guarded, and always 
guarded, as we know not where or when to expect them. 



OF AMERICAN HISTOR V. 1 3 : 

NEW SETTLEMENTS. 

That they make new settlements on such purchases by- 
granting lands in the King's name, reserving a quit-rent 
to the crown for the use of the general treasury. 

■ 

It is supposed better that there should be one purchaser 
than many ; and that the crown should be that purcliaser, 
or the Union in the name of the crown. By this means the 
bargains may be more easily made, the price not enhanced 
by numerous bidders, future disputes about private Indian 
purchases, and monopolies of vast tracts to particular per- 
sons {which are prejudicial to the settlement and peopling 
of the cotintry), prevented ; and, the land being again 
granted in small tracts to the settlers, the quit-rents re- 
served may in time become a fund for support of govern- 
ment, for defence of the country, ease of taxes, etc. 

Strong forts on the Lakes, the Ohio, etc., may, at the 
same time they secure our present frontiers, serve to de- 
fend new colonies settled under their protection ; and such 
colonies would also mutually defend and support such 
forts, and better secure the friendship of the far Indians. 

A particular colony has scarce stre?igth enough to exert 
itself by new settlements, at so great a distance from the 
old ; but the joint force of the Union might suddenly estab- 
lish a new colony or two in those parts, or extend an old 
colony to particular passes, greatly to the security of our 
present frontiers, increase of trade and people, breaking off 
the French communication between Canada and Louisiana, 
and speedy settlement of the intermediate lands. 

The pozver of settling new colonies is therefore thought a 
valuable part of the plan, and what cannot so well be ex- 
ecuted by tzvo unions as by one. 

LAWS TO GOVERN THEM. 

That they make laws for regulating and governing 
such new settlements, till the crown shall think fit to 
form them into particular governments. 



j g 2 DOCUMENTS ILL USTRA TIVE 

The making of laws suitable for the new colonics, it 
was thought, would be properly vested in the president- 
general and grand council ; under whose protection they 
must at first necessarily be, and ivho would be well ac- 
quainted with their circumstances, as having settled them. 
When they arc become sufficiently populous, they may by 
the crozvn be formed into complete and distinct governments. 

The appointment of a sub-president by the crown, to take 
place in case of the death or absence of the president -gen- 
eral, would perhaps be an improvement of the plan ; and if 
all the governors of particular provinces were to be formed 
into a standing council of state, for the advice and assist- 
ance of the president-general, it might be another consider- 
able improvement. 

RAISE SOLDIERS, AND EQUIP VESSELS, ETC. 

That they raise and pay soldiers and build forts 
for the defence of any of the colonies, and equip vessels 
of force to guard the coasts and protect the trade on the 
ocean, lakes, or great rivers ; but they shall not impress 
men in any colony, without the consent of the legisla- 
ture. 

// was thought, that quotas of men, to be raised and 
paid by the several colonies, and joined for any public ser- 
vice, could not always be got together with the necessary ex- 
pedition. For instance, suppose one thousand men should 
be wanted in New Hampshire on any emergency. To 
fetch them by fifties and hundreds out of every colony, as 
far as South Carolina, would be inconvenient, the transpor- 
tation chargeable, and the occasion perhaps passed before 
they could be assembled; and therefore it would be best to 
raise them {by offering bounty money and pay) near the 
place where they would be wanted, to be discharged again 
when the service should be over. 

Particular colonies are at present backward to build 
forts at their own expense, wliicli they say will be equally 
useful to their neighboring colonies, who refuse to join, on 



OF AMERICAN HISTORY. 



183 



a presumption that such forts will be built and kept up, 
though they contribute nothing. This unjust conduct weak- 
ens the whole ; but, the forts being for the good of the whole, 
it was thought best they sJwuld be built and maintained by 
the zuhole, out of the common treasury. 

In the time of war, small vessels of force are sometimes 
necessary in the colonies to scour the coasts of small priva- 
teers. These being provided by the Union will be an ad- 
vantage in turn to the colonies which are situated on the 
sea, and whose frontiers o?i the land-side, being covered by 
other colonies, reap but little immediate benefit from the 
advanced forts. 

POWER TO MAKE LAWS, LAY DUTIES, ETC. 

That for these purposes they have power to make laws 
and lay and levy such general duties, imposts or taxes, 
as to them shall appear most equal and just (considering 
the ability and other circumstances of the inhabitants in 
the several colonies), and such as may be collected with 
the least inconvenience to the people ; rather discourag- 
ing luxury, than loading industry with unnecessary bur- 
dens. 

The laws which the president-general and grand coun- 
cil are empowered to make are such only as shall be neces- 
sary for the government of the settlements ; the raising, reg- 
ulating, and paying soldiers for the general service ; the 
regulating of Indian trade ; and laying and collecting the 
general duties and taxes. They should also have a power 
to restrain the exportation of provisions to the enemy from 
any of the colonies, on particular occasions, in time of zvar. 
But it is not intended that they may interfere with the con- 
stitution or government of the particular colonies, who are 
to be left to their own laws, and to lay, levy and apply their 
own taxes as before. 



1 84 DOCUMENTS ILL USTRA TIVE 

GENERAL TREASURER AND PARTICULAR TREASURER. 

That they may appoint a General Treasurer, and Par- 
ticular Treasurer in government when necessary ; and, 
from time to time, may order the sums in the treasuries 
of each government into the general treasury, or draw 
on them for special payments, as they find most conven- 
ient. 

The treasurers here meant are only for the general funds 
and ?iot for the particular funds of each colony, which re- 
main in the hands of their own treasurers at their own dis- 
posal. 

MONEY, HOW TO ISSUE. 

Yet no money to issue but by joint orders of the Pres- 
ident-General and Grand Council, except where sums have 
been appointed to particular purposes, and the President- 
General is previously empowered by an act to draw such 
sums. 

To prevent misapplicatio7i of the money, or even applica- 
tion that might be dissatisfactory to the crown or the people, 
it was thought necessary to join the president-general and 
grand council in all issues of money 

ACCOUNTS. 

That the general accounts shall be yearly settled and 
reported to the several Assemblies. 

By communicating the accounts yearly to each Assembly, 
they will be satisfied of the prudent and honest conduct of 
their representatives in the grand council. 

QUORUM. 

That a quorum of the Grand Council, empowered to 
act with the President-General, do consist of twenty- 
five members ; among whom there shall be one or more 
from a majority of the Colonies. 



OF AMERICAN HIS TOR Y. ^5 

The quorum seems large, but it was thought it would 
not be satisfactory to the colonies in general, to have mat- 
ters of importance to the whole transacted by a smaller 
number, or even by this number of twenty-five, unless there 
were among them one at least from a majority of the col- 
onies, because otherwise, the whole quorum being made up 
of members from tJiree or four colonies at one end of the 
union, something might be done that would not be equal 
with respect to the rest, and tlicnce dissatisfaction and dis- 
cords miglit rise to the prejudice of the whole. 

LAWS TO BE TRANSMITTED. 

That the laws made by them for the purposes afore- 
said shall not be repugnant, but, as near as may be, 
agreeable to the laws of England, and shall be trans- 
mitted to the King in Council for approbation, as soon 
as may be after their passing ; and if not disapproved 
within three years after presentation, to remain in force. 

This was thought necessary for the satisfaction of the 
crown, to preserve the connection of the parts of the British 
empire with the whole, of the members with the head, and 
to induce greater care and circumspection in making of the 
laws, that they be good in themselves and for the general 
benefit. 

DEATH OF THE PRESIDENT-GENERAL. 

That, in case of the death of the President-General, the 
Speaker of the Grand Council for the time being shall 
succeed, and be vested with the same powers and authori- 
ties, to continue till the King's pleasure be known. 

It miglit be better, perhaps, as was said before, if the 
crown appointed a vice-president, to take place on the dcatJi 
or absence of the president-general ; for so we should be 
more sure of a suitable person at the head of the colonies. 
On the death or absence of both, the speaker to take place 
{or rather the eldest King's governor) till his Majesty's 
pleasure be known. 



! 56 DOCUMENTS ILL USTRA TIVE 

OFFICERS, HOW APPOINTED. 

That all military commission officers, whether for land 
or sea service, to act under this general constitution, 
shall be nominated by the President-General ; but the 
approbation of the Grand Council is to be obtained, be- 
fore they receive their commissions. And all civil offi- 
cers are to be nominated by the Grand Council, and to 
receive the President-General's approbation before they 
officiate. 

It was thought it might be very prejudicial to the service, 
to have officers appointed unknown to the people or unaccept- 
able, the generality of Americans serving willingly under 
officers they know ; and not caring to engage in the service 
under strangers, or such as are often appointed by govern- 
ors through favor or interest. The service here meant, is 
not the stated, settled service in standing troops ; but any 
sudden and short service, either for defence of our colonics, 
or invading the enemy s country {such as the expeditioji to 
Cape Breton in the last war ; in which many substantial 
farmers and tradesmen engaged as common soldiers, under 
officers of their own country, for whom they had an esteem 
and affection ; zvho would not have engaged in a standing 
army, or under officers from England}. It was tJicrefore 
thought best to give the Council the power of approving the 
officers, which the people will look on as a great security of 
their being good men. And without some such provision as 
this, it zvas thought the expense of engaging men in the ser- 
vice on any emergency would be much greater, and the 
number who could be induced to engage much less ; and 
that therefore it would be most for the King's service and 
the general benefit of the ?iation, that the prerogative should 
relax a little in this particular throughout all the colonies 
in America; as it had already done much more in the 
charters of some particular colonies, viz. : Connecticut and 
Rhode Island. 

The civil officers zvill be chiefly treasurers and collectors 



OF AMERICAN HISTORY. 



18/ 



of taxes ; and the suitable persons are most likely to be 
known by the council. 

VACANCIES, HOW SUPPLIED. 

But, in case of vacancy by death or removal of any 
officer civil or military, under this constitution, the Gov- 
ernor of the province in which such vacancy happens, 
may appoint, till the pleasure of the President-General 
and Grand Council can be known. 

The vacancies were thought best supplied by the governors 
in each province, till a new appointment can be regularly 
made ; otherwise the service might suffer before the meet- 
ing of the president-general and grand council. 

EACH COLONY MAY DEFEND ITSELF IN 
EMERGENCY, ETC. 

That the particular military as well as civil establish- 
ments in each colony remain in their present state, the 
general constitution notwithstanding ; and that on sud- 
den emergencies any colony may defend itself, and lay 
the accounts of expense thence arising before the presi- 
dent-general and general council, who may allow and 
order payment of the same, as far as they judge such 
accounts just and reasonable. 

Otherwise the union of the whole would weaken the parts, 
contrary to the design of the union. The accounts are to be 
judged of by the president-general and grand council, and 
allowed if found reasonable. This was thought necessary 
to encourage colonies to defend themselves, as the expense 
would be light when borne by the whole ; and also to 
check imprudetit and lavish expense in such defences. 



DOCUMENTS ILLUSTRATIVE 



DECLARATION OF RIGHTS— 1765. 

The New York Congress, "the Day Star of 
the American Union," summoned by the Massa- 
chusetts legislature, met at the City Hall in New- 
York, Oct. 7, 1765. It consisted of twenty-eight 
delegates from nine colonies, Virginia, New 
Hampshire, Georgia, and North Carolina being un- 
represented. It was much debated whether to 
found American liberties on natural rights or on 
royal charters, but the former ground was finally 
taken. On the 25th the delegates who were so 
authorized (viz., those from Massachusetts, New 
Jersey, Rhode Island, Pennsylvania, Delaware and 
Maryland), signed the Declaration of Rights, and 
the Congress adjourned. " Perhaps the best gen- 
eral summary of the rights and liberties asserted 
by all the colonies, is contained in the celebrated 
declaration drawn up by the Congress of the nine 
colonies assembled at New York, October, 1 765." 
(Judge Story.) 

Consult Bancroft's U. S., 1st ed., V., 342 ; cen. 
ed., III., 508 ; last, III., 154 ; Hildreth's U. S., II., 
530 ; Story 's Constitution, I., 175 ; Frothingham 's 
Rise, 186; Bryant and Gay's U. S., II., 340; 
Greene's Historical View, 72 ; Pitkin's U. S., I., 
178. 



OF AMERICAN HISTORY. 



189 



RESOLVES OF THE CONVENTION OF THE 
ENGLISH COLONIES AT NEW YORK, OCTO- 
BER 19, 1765. 

The Congress upon mature deliberation, agreed to the 
following declarations of the rights and grievances of the 
colonists in America : 

The members of this congress, sincerely devoted, with 
the warmest sentiments of affection and duty, to His 
Majesty's person and government, inviolably attached to 
the present happy establishment of the Protestant suc- 
cession, and with minds deeply impressed by a sense of 
the present and impending misfortunes of the British 
colonies on this continent ; having considered as ma- 
turely as time will permit, the circumstances of the said 
colonies, esteem it our indispensable duty to make the 
following declarations of our humble opinion respecting 
the most essential rights and liberties of the colonists 
and of the grievances under which they labor by reason 
of the several late acts of Parliament. 

1. That His Majesty's subjects in these colonies, owe 
the same allegiance to the crown of Great Britain, that is 
owing from his subjects born within the realm ; and all 
due subordination to that august body, the Parliament 
of Great Britain. 

2. That His Majesty's liege subjects, in these colonies, 
are entitled to all the inherent rights and liberties of 
his natural born subjects within the kingdom of Great 
Britain. 

3. That it is inseparably essential to the freedom of 
a people, and the undoubted right of Englishmen, that 
no taxes be imposed on them but with their own con- 
sent, given personally, or by their representatives. 

4. That the people of these colonies are not, and from 
their local circumstances cannot be, represented in the 
House of Commons, in Great Britain. 



190 



DOCUMENTS ILLUSTRATIVE 



5. That the only representatives of the people of these 
colonies, are persons chosen therein by themselves ; and 
that no taxes ever have been, or can be constitutionally 
imposed on them, but by their respective legislatures. 

6. That all supplies to the crown, being the free gifts 
of the people, it is unreasonable and inconsistent with 
the principles and spirit of the British constitution, for 
the people of Great Britain to grant to His Majesty, the 
property of the colonists. 

7. That trial by jury is the inherent and invaluable 
right of every British subject in these colonies. 

8. That the late act of Parliament, entitled " An act 
for granting and applying certain stamp duties, and other 
duties in the British colonies and plantations, in Amer- 
ica, etc.," by imposing taxes on the inhabitants of these 
colonies, and the said act, and several other acts, by ex- 
tending the jurisdiction of the courts of admiralty 
beyond its ancient limits, have a manifest tendency to 
subvert the rights and liberties of the colonists. 

9. That the duties imposed by several late acts of 
Parliament, from the peculiar circumstances of these col- 
onies, will be extremely burthensome and grievous, and 
from the scarcity of specie, the payment of them abso- 
lutely impracticable. 

10. That as the profits of the trade of these colonies 
ultimately centre in Great Britain, to pay for the manu- 
factures which they are obliged to take from thence, they 
eventually contribute very largely to all supplies granted 
there to the crown. 

11. That the restrictions imposed by several late acts 
of Parliament on the trade of these colonies, will render 
them unable to purchase the manufactures of Great 
Britain. 

12. That the increase, prosperity, and happiness of these 
colonies depend on the full and free enjoyments of their 
rights and liberties, and an intercourse with Great Britain, 
mutually affectionate and advantageous. 



OF AMERICAN HISTORY. 



I 9 I 



13. That it is the right of the British subjects in these 
colonies to petition the King, or either house of Parlia- 
ment. 

Lastly. That it is the indispensable duty of these colo- 
nies, to the best of sovereigns, to the mother country, 
and to themselves, to endeavour by a loyal and dutiful 
address to His Majesty, and humble applications to both 
houses of Parliament, to procure the repeal of the act 
for granting and applying certain stamp duties, of all 
clauses of any other acts of Parliament, whereby the 
jurisdiction of the admiralty is extended, as aforesaid, 
and of the other late acts for the restriction of American 
commerce. 



! Q2 DOCUMENTS ILL USTRA TIVE 



DECLARATION OF RIGHTS AND NON- 
IMPORTATION AGREEMENT— 1774. 

The congress of 1774 met at Philadelphia, 
Sept. 5th. On the second day of the session, 
it was " Resolved, unanimously that a committee 
be appointed to state the rights of the colonies in 
general, the several instances in which these rights 
are violated or infringed, and the means most 
proper to be pursued for obtaining a restoration of 
them." The report of the committee (presented 
Sept. 21) provoked much discussion, and it was 
not till Congress had limited the field to rights in- 
fringed by acts of parliament since 1763, previous 
violations having been considered by the Congress 
of 1765, that the Declaration was agreed upon, 
Oct. 14. 

Congress also decided on commercial non-inter- 
course with England, thus returning to the policy 
first adopted in opposition to the Stamp Act in 
1765, and revived in the early days of the republic 
by the embargoes of Washington and Jefferson. 
This non-importation agreement was signed Oct. 
20, by fifty members, who thus formed what John 
Adams called, tl the memorable league of the conti- 
nent in 1774, which first expressed the sovereign 
will of a free nation in America." Equally em- 
phatic is the verdict of Hildreth : " the signature of 
the association by the members of congress may 



OF AMERICAN HIS TOR Y. x g -> 

be considered as the commencement of the Ameri- 
can Union." 

Consult Bancroft's, U. S., ist. ed., VI., 146; 
cen. ed., IV., 406 ; last ed., IV., 65 et seq. ; Hil- 
dreth's, U. S., III., 43; Frothingham' s Rise, 
371 ; Story's Constitution, I., 179; Bryant and 
Gay's U. S., III., 341 ; Greene's Historical View, 
83 ; u Curtis' Constitution, I., 22 ; Pitkin's, U. S.,l., 
283. 

DECLARATION OF RIGHTS— 1774. 

WHEREAS, since the close of the last war, the British 
parliament claiming a power of right, to bind the people 
of America by statutes in all cases whatsoever, hath, in 
some acts, expressly imposed taxes on them, and in others, 
under various pretences, but in fact for the purpose of 
raising a revenue, hath imposed rates and duties payable 
in these colonies, established a board of commissioners, 
with unconstitutional powers, and extended the jurisdic- 
tion of courts of admiralty, not only for collecting the 
said duties, but for the trial of causes merely arising 
within the body of a county. 

And whereas, in consequence of other statutes, 
judges, who before held only estates at will in their 
offices, have been made dependent on the crown alone 
for their salaries, and standing armies kept in time of 
peace : And whereas it has lately been resolved in par- 
liament, that by force of a statute, made in the thirty-fifth 
year of the reign of King Henry the Eighth, colonists may 
be transported to England, and tried there upon accusa- 
tions for treasons, and misprisions, or concealments of 
treasons committed in the colonies, and by a late statute, 
such trials have been directed in cases therein mentioned. 

And whereas, in the last session of parliament, three 
statutes were made ; one, entitled " An act to discontinue, 
'3 



194 DOCUMENTS ILLUSTRATIVE 

in such manner, and for such time as are therein men- 
tioned, the landing and discharging, lading or shipping of 
goods, wares and merchandise, at the town, and within 
the harbour of Boston, in the province of Massachusetts- 
Bay, in North America ; " another, entitled, " An act for 
the better regulating the government of the province of 
Massachusetts-Bay in New England; " and another, en- 
titled, " An act for the impartial administration of jus- 
tice, in the cases of persons questioned for any act done 
by them in the execution of the law, or for the suppres- 
sion of riots and tumults, in the province of Massachusetts- 
Bay in New England ; " and another statute was then 
made, " for making more effectual provision for the gov- 
ernment of the province of Quebec, etc." All which 
statutes are impolitic, unjust, and cruel, as well as uncon- 
stitutional, and most dangerous and destructive of Amer- 
ican rights. 

And whereas, assemblies have been frequently dissolved, 
contrary to the rights of the people, when they at- 
tempted to deliberate on grievances, and their dutiful, 
humble, loyal, and reasonable petitions to the crown for 
redress, have been repeatedly treated with contempt by 
his majesty's ministers of state : 

The good people of the several colonies of New-Hamp- 
shire, Massachussetts-Bay, Rhode-Island and Providence 
Plantations, Connecticut, New-York, New-Jersey, Penn- 
sylvania, New-Castle, Kent and Sussex, on Delaware, 
Maryland, Virginia, North-Carolina, and South-Carolina 
justly alarmed at these arbitrary proceedings of parliament 
and administration, have severally elected, constituted 
and appointed deputies to meet, and sit in General Con- 
gress, in the city of Philadelphia, in order to obtain such 
establishment, as that their religion, laws, and liberties, 
may not be subverted. Whereupon the deputies so ap- 
pointed being now assembled, in a full and free represen- 
tation of these colonies, taking into their most serious 
consideration, the best means of attaining the ends 



OF AMERICAN HISTOR Y. 1 g * 

aforesaid, do, in the first place, as Englishmen, their an- 
cestors in like cases have usually done, for effecting and 
vindicating their rights and liberties, DECLARE, 

That the inhabitants of the English colonies in North- 
America, by the immutable laws of nature, the principles 
of the English constitution, and the several charters or 
compacts, have the following RIGHTS : 

Resolved, N. C. D. i. That they are entitled to life, lib- 
erty, and property, and that they have never ceded to any 
sovereign power whatever, a right to dispose of either 
without their consent. 

Resolved, N. C. D. 2. That our ancestors, who first 
settled these colonies, were at the time of their emigra- 
tion from the mother country, entitled to all the rights, 
liberties, and immunities of free and natural-born sub- 
jects, within the realm of England. 

Resolved, N. C. D. 3. That by such emigration, they 
by no means forfeited, surrendered, or lost any of those 
rights, but that they were, and their descendants now 
are, entitled to the exercise and enjoyment of all such of 
them, as their local and other circumstances enable them 
to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, 
and of all free government, is a right in the people to 
participate in their legislative council : and as the English 
colonists are not represented, and from their local and 
other circumstances, cannot properly in the British parlia- 
ment, they are entitled to a free and exclusive power of 
legislation in their several provincial legislatures, where 
their right of representation can alone be preserved, in 
all cases of taxation and internal polity, subject only to 
the negative of their sovereign, in such manner as has 
been heretofore used and accustomed. But, from the 
necessity of the case, and a regard to the mutual interest 
of both countries, we cheerfully consent to the operation 
of such acts of the British parliament ; as are bona fide, 
restrained to the regulation of our external commerce, 



196 



DOCUMENTS ILLUSTRATIVE 



for the purpose of securing the commercial advantages of 
the whole empire to the mother country, and the com- 
mercial benefits of its respective members ; excluding 
every idea of taxation internal or external, for raising a 
revenue on the subjects in America, without their con- 
sent. 

Resolved, N. C. D. 5. That the respective colonies are 
entitled to the common law of England, and more espe- 
cially to the great and inestimable privilege of being 
tried by their peers of the vicinage, according to the 
course of that law. 

Resolved, 6. That they are entitled to the benefit of 
such of the English statutes, as existed at the time of 
their colonization ; and which they have, by experience, 
respectively found to be applicable to their several local 
and other circumstances. 

Resolved, N. C. D. 7. That these, his majesties colo- 
nies, are likewise entitled to all the immunities and privi- 
leges granted and conformed to them by royal charters, 
as secured by their several codes of provincial laws. 

Resolved, N. C. D. 8. That they have a right peace- 
able to assemble, consider of their grievances, and peti- 
tion the king; and that all prosecutions, prohibiting 
proclamations, and commitments for the same are ille- 
gal. 

Resolved, N. C. D. 9. That the keeping a standing 
army in these colonies, in times of peace, without the 
consent of the legislature of that colony, in which such 
army is kept, is against law. 

Resolved, N. C. D. 10. It is indispensably necessary to 
good government, and rendered essential by the Eng- 
lish constitution, that the constituent branches of the 
legislature be independent of each other ; that, there- 
fore, the exercise of legislative power in several colonies, 
by a counsel appointed, during pleasure, by the crown, 
is unconstitutional, dangerous and destructive to the 
freedom of American legislation. 



OF AMERICAN HISTOR Y. l gj 

All and each of which the aforesaid deputies, in behalf of 
themselves, and their constituents, do claim, demand, and 
insist on, as their indubitable rights and liberties ; which 
cannot be legally taken from them, altered or abridged 
by any power whatever, without their own consent, by 
their representatives in their several provincial legisla- 
tures. 

In the course of our inquiry, we find many infringe- 
ments and violations of the foregoing rights, which from 
an ardent desire, that harmony and mutual intercourse 
of affection and interest may be restored, we pass over 
for the present, and proceed to state such acts and 
measures as have been adopted since the late war, which 
demonstrate a system formed to enslave America. 

Resolved, N. C. D. The following acts of parliament 
are infringements and violations of the rights of the col- 
onists ; and that the repeal of them is essentially neces- 
sary, in order to restore harmony between Great Britain 
and the American colonies, viz. : 

The several acts of 4 Geo. III. ch. 15, and ch. 
34. — 5 Geo. III. ch. 25. — 6 Geo. III. ch. 52. — 7 Geo. 
III. ch. 41, and ch. 46. — 8 Geo. III. ch. 22, which im- 
pose duties for the purpose of raising a revenue in Amer- 
ica, extend the power of the admiralty courts beyond 
their ancient limits, deprive the American subject of 
trial by jury, authorize the judges' certificate to indem- 
nify the prosecutor from damages, that he might other- 
wise be liable to, requiring oppressive security from a 
claimant of ships and goods seized, before he shall be al- 
lowed to defend his property, and are subservient of 
American rights. 

Also 12 Geo. III. ch. 24, entitled "An act for the 
better securing his majesty's dock-yards, magazines, 
ships, ammunition, and stores," which declares a new of- 
fence in America, and deprives the American subject of a 
constitutional trial by jury of the vicinage, by authoriz- 
ing the trial of any person, charged with the committing 



198 



DOCUMENTS ILLUSTRATIVE 



any offence described in the said act, out of the realm, 
to be indicted and tried for the same in any shire or 
county within the realm. 

Also the three acts passed in the last session of parlia- 
ment, for stopping the port and blocking the harbour of 
Boston, for altering the charter and government of 
Massachusetts-Bay, and that which is entitled "An act 
for the better administration of Justice, etc." 

Also the act passed in the same session for establish- 
ing the Roman Catholic religion, in the province of Que- 
bec, abolishing the equitable system of English laws, 
and erecting a tyranny there, to the great danger (from 
so total a dissimilarity of religion, law and government) 
of the neighboring British Colonies, by the assistance of 
whose blood and treasure the said country was con- 
quered from France. 

Also, the act passed in the same session, for the better 
providing suitable quarters for officers and soldiers in his 
majesty's service, in North-America. 

Also, that the keeping a standing army in several of 
these colonies, in time of peace, without the consent of 
the legislature of that colony, in which such army is 
kept, is against law. 

To these grievous acts and measures, Americans can- 
not submit, but in hopes their fellow-subjects in Great 
Britain will, on a revision of them, restore us to that 
state, in which both countries found happiness and pros- 
perity, we have for the present, only resolved to pursue 
the following peaceable measures : 1. To enter into a 
non-importation, non-consumption, and non-exportation 
agreement or association. 2. To prepare an address to 
the people of Great Britain, and a memorial to the in- 
habitants of British America : and 3. To prepare a 
loyal address to his majesty, agreeable to resolutions al- 
ready entered into. 



OF AMERICAN HIS TOR Y. j qq 



THE ASSOCIATION OF 1774. 

We, his Majesty's most loyal subjects, the Delegates of 
the several Colonies of New Hampshire, Massachusetts 
Bay, Rhode Island, Connecticut, New York, New Jersey, 
Pennsylvania, the three Lower Counties of New-Castle, 
Kent, and Sussex, on Delaware, Maryland, Virginia, 
North Carolina, and South Carolina, deputed to repre- 
sent them in a Continental Congress, held in the City of 
Philadelphia, on the fifth day of September, 1774, avow- 
ing our allegiance to his Majesty, our affection and re- 
gard for our fellow subjects in Great Britain and else- 
where, affected with the deepest anxiety ; and most 
alarming apprehensions at those grievances and dis- 
tresses, with which his Majesty's American subjects are 
oppressed, and having taken under our most serious 
deliberation, the state of the whole Continent, find, that 
the present unhappy situation of our affairs, is occasioned 
by a ruinous system of Colony Administration adopted 
by the British Ministry about the year 1763, evidently 
calculated for enslaving these Colonies, and, with them, 
the British Empire. 

In prosecution of which system, various Acts of Parlia- 
ment have been passed for raising a Revenue in America, 
for depriving the American subjects, in many instances, 
of the constitutional trial by jury, exposing their lives to 
danger, by directing a new and illegal trial beyond the 
seas, for crimes alledged to have been committed in Amer- 
ica : and in prosecution of the same system, several 
late, cruel, and oppressive Acts have been passed re- 
specting the Town of Boston and the Massachusetts Bay, 
and also an Act for extending the Province of Quebec, 
so as to border on the Western Frontiers of these Colo- 
nies, establishing an arbitrary government therein, and 
discouraging the settlement of British subjects in that 
wide extended country ; thus, by the influence of civil 



20O DOCUMENTS ILLUSTRATIVE 

principles and ancient prejudices, to dispose the inhabi- 
tants to act with hostility against the free Protestant 
Colonies, whenever a wicked Ministry shall chuse to 
direct them. 

To obtain redress of these Grievances, which threaten 
destruction to the Lives, Liberty, and Property of his 
Majesty's subjects in North-America, we are of opinion, 
that a Non-Importation, Non-Consumption, and Non-Ex- 
portation Agreement, faithfully adhered to, will prove 
the most speedy, effectual, and peaceable measure ; and, 
therefore, we do, for ourselves, and the inhabitants of the 
several Colonies, whom we represent, firmly agree and 
associate, under the sacred ties of Virtue, Honor and 
Love of our Country, as follows : 

First. That from and after the first day of December 
next, we will not import into British America, from Great- 
Britain or Ireland, any Goods, Wares, or Merchandise 
whatsoever, or from any other place, any such goods, 
wares, or merchandise, as shall have been exported from 
Great-Britain or Ireland ; nor will we, after that day, 
import any East India Tea from any part of the World ; 
nor any Molasses, Syrups, Paneles, Coffee or Pimento, 
from the British Plantations or from Dominica ; nor 
Wines from Madeira, or the Western Islands ; nor Foreign 
Indigo. 

Second. We will neither import nor purchase any 
Slave imported, after the first day of December next ; 
after which time we will wholly discontinue the Slave 
Trade, and will neither be concerned in it ourselves, nor 
will we hire our vessels, nor sell our Commodities or Man- 
ufactures to those who are concerned in it. 

Third. As a Non-Consumption Agreement, strictly ad- 
hered to, will be an effectual security for the observance 
of the Non-Importation, we, as above, solemnly agree and 
associate, that from this day we will not purchase or 
use any Tea imported on account of the East India Com- 
pany, or any on which a Duty hath been or shall be paid ; 



OF AMERICAN HISTORY. 



201 



and from and after the first day of March next, we will 
not purchase or use any East India Tea whatever ; nor 
will we, nor shall any person for or under us, purchase or 
use any of those Goods, Wares, or Merchandises, we have 
agreed not to import, which we shall know, or have cause 
to suspect, were imported after the first day of Decem- 
ber, except such as come under the rules and regulations 
of the tenth article hereafter mentioned. 

FonrtJi. The earnest desire we have, not to injure our 
fellow-subjects in Great Britain, Ireland or the West- 
Indies, induces us to suspend a Non-Exportation, until the 
tenth day of September, 1775 ; at which time, if the said 
Acts and parts of Acts of the British Parliament herein- 
after mentioned, are not repealed, we will not, directly 
or indirectly, export any Merchandise or Commodity 
whatsoever to Great Britain, Ireland or the West-Indies, 
except Rice to Europe. 

Fifth. Such as are Merchants and use the British and 
Irish Trade, will give orders, as soon as possible to their 
Factors, Agents and Correspondents, in Great Britain and 
Ireland, not to ship any Goods to them, on any pretence 
whatsoever as they cannot be received in America ; and 
if any Merchant, residing in Great Britain or Ireland, shall 
directly or indirectly ship any Goods, Wares, or Merchan- 
dises, for America, in order to break the said Non-Impor- 
tation Agreement, or in any manner contravene the same, 
on such unworthy conduct being well attested, it ought 
to be made publick ; and, on the same being so done, we 
will not from thenceforth have any commercial connex- 
ion, with any such Merchant. 

Sixth. That such as are Owners of vessels will give 
positive orders to their Captains, or Masters, not to re- 
ceive on board their vessel any Goods prohibited by the 
said Non-Importation Agreement, on pain of immediate 
dismission from their service. 

Seventh. We will use our utmost endeavors to improve 
the breed of Sheep, and increase their number to the 



2 2 DOCUMENTS ILL US TEA TIVE 

greatest extent ; and to that end, we will kill them as 
sparingly as may be, especially those of the most profit- 
able kind ; nor will we export any to the West-Indies or 
elsewhere ; and those of us who are or may become over- 
stocked with, or pan conveniently spare any sheep, will 
dispose of them to our neighbours, especially to the 
poorer sort, upon moderate terms. 

Eighth. That we will, in our several stations encourage 
Frugality, Economy, and Industry ; and promote Agricult- 
ure, Arts, and the Manufactures of this Country, especially 
that of Wool ; and will discountenance and discourage, 
every species of extravagance and dissipation, especially 
all horse racing, and all kinds of gaming, cock fighting, 
exhibitions of plays, shews, and other expensive diver- 
sions and entertainments ; and on the death of any re- 
lation or friend, none of us, or any of our families will go 
into any further mourning dress, than a black crape or 
ribbon on the arm or hat for gentlemen, and a black 
ribbon and necklace for ladies, and we will discounte- 
nance the giving of gloves and scarfs at funerals. 

Ninth. That such as are venders of Goods or Merchan- 
dises, will not take advantage of the scarcity of Goods that 
may be occasioned by this Association, but will sell the 
same at the rates we have been respectively accustomed 
to do, for twelve months last past. And if any vender 
of Goods or Merchandises shall sell any such Goods on 
higher terms, or shall in any manner, or by any device 
whatsoever violate or depart from this Agreement, no 
person ought, nor will any of us deal with any such per- 
son, or his or her Factor or Agent, at any time thereafter 
for any commodity whatever. 

Tenth. In case any Merchant, Trader, or other person, 
shall import any Goods or Merchandise, after the first 
day of December, and before the first day of February 
next, the same ought forthwith, at the election of the 
owner, to be either re-shiped or delivered up to the Com- 
mittee of the County or Town wherein they shall be im- 



OF AMERICAN HISTORY. 



203 



ported, to be stored at the wish of the importer, until the 
Non-Importation Agreement shall cease, or be sold under 
the direction of the Committee aforesaid ; and in the last 
mentioned case, the owner or owners of such Goods shall 
be re-imbursed out of the sales the first cost and charges ; 
the profit, if any, to be applied towards relieving and 
employing such poor inhabitants of the Town of Boston 
as are immediate sufferers by the Boston Port Bill ; and 
a particular account of all Goods so returned, stored, or 
sold, to be inserted in the publick papers, and if any 
Goods or Merchandises shall be imported after the said 
first day of February, the same ought forthwith to be 
sent back again, without breaking any of the packages 
thereof. 

Eleventh. That a Committee be chosen in every County, 
City, and Town, by those who are qualified to vote for 
Representatives in the Legislature, whose business it shall 
be attentively to observe the conduct of all persons 
touching this Association ; and when it shall be made to 
appear to the satisfaction of the majority of any such 
Committee, that any person within the limits of their ap- 
pointment has violated this Association, that such a ma- 
jority do forthwith cause the truth of the case to be pub- 
lished in the Gazette, to the end that all such foes to the 
rights of British America may be publickly known, and 
universally contemned as the enemies of American Lib- 
erty ; and thenceforth we respectively will break off all 
dealings with him or her. 

Twelfth. That the Committee of Correspondence in the 
respective Colonies, do frequently inspect the Entries of 
their Custom Houses, and inform each other, from time 
to time, of the true state thereof, and of every other ma- 
terial circumstance that may occur relative to this associ- 
ation. 

Thirteenth. That all Manufactures of this country be 
sold at reasonable prices, so that no undue advantage be 
taken of a future scarcity of Goods. 



204 



DOCUMENTS ILLUSTRATIVE 



Fourteenth. And we do further agree and resolve that 
we will have no Trade, Commerce, Dealings, or Intercourse 
whatsoever with any Colony or Province in North Amer- 
ica, which shall not accede to, or which shall hereafter 
violate this Association, but will hold them as unworthy 
of the right of freemen, and as inimical to the liberties 
of this country. 

And we do solemnly bind ourselves and our constitu- 
ents under the ties aforesaid, to adhere to this Associa- 
tion until such parts of the several Acts of Parliament 
passed since the close of the last war, as impose or con- 
tinue duties on Tea, Wine, Molasses, Syrups, Paneles, Cof- 
fee, Sugar, Pimento, Indigo, Foreign Paper, Glass, and 
Painters' Colours, imported into America, and extend the 
powers of the Admiralty Courts beyond their ancient 
limits, deprive the American subjects of Trial by Jury, 
authorize the judge's certificate to indemnify the prose- 
cutor from damages that he might otherwise be liable to 
from a trial by his peers, require oppressive security from 
a claimant of Ships or Goods seized, before he shall be 

allowed to defend his property, are repealed. And until 

that part of the act of the 12th George III. ch. 24, enti- 
tled, " An act for the better securing his majesty's Dock- 
Yards, Magazines, Ships, Ammunition, and Stores," by 
which any person charged with committing any of the 
offences therein described, in America, may be tried in 
any Shire or County within the realm, is repealed — and 
until the four Acts passed in the last session of Parlia- 
ment, viz. : that for stopping the Port and blocking up 
the Harbour of Boston — that for altering the Charter of 
Government of the Massachusetts Bay — and that which 
is entitled "An Act for the better Administration of 
Justice," etc. — and that for extending the Limits of 
Quebec* etc., are repealed. And we recommend it to the 
Provincial Conventions, and to the Committes in the 
respective Colonies, to establish such farther Regula- 



OF AMERICAN HISTORY. 



205 



tions as they may think proper for carrying into execu- 
tion this Association. 

The foregoing Association being determined upon by 
the Congress, was ordered to be subscribed by the several 
Members thereof ; and thereupon, we have hereunto set 
our respective names accordingly. 

In Congress, Philadelphia, October 20, 1774, 

Peyton Randolph, President. 



20 6 DOCUMENTS ILLUSTRATIVE 



VIRGINIA BILL OF RIGHTS— JUNE 12, 

1776. 

This was adopted by a convention that met at 
Williamsburg, May 6, 1776. The Bill was drafted 
by George Mason and was slightly changed in one 
clause at the instance of James Madison. " Other 
colonies had framed bills of rights in reference to 
their relations with Britain ; Virginia moved from 
charters and customs to primal principles ; from a 
narrow altercation about facts to the contempla- 
tion of immutable truth. She summoned the 
eternal laws of man's being to protest against all 
tyranny." (Bancroft.) This bill of rights was in- 
serted unchanged in the Virginia State constitu- 
tion of 1830, 1850-51, 1864, and, with some modifi- 
cation, in that of 1870. 

Consult Bancroft's U. S., 1st ed., VIII., 378; 
cen. ed., V., 254 ; last ed., IV., 416 ; Frothingham 's 
Rise, 511 ; Coo&e's Va., 439. 

A DECLARATION OF RIGHTS, 

Made by the Representatives of the good People of 
Virginia, assembled in full and free Convention, which 
rights do pertain to them and their posterity as the 
basis and foundation of government. 

I. That all men are by nature equally free and inde- 
pendent, and have certain inherent rights, of which, 
when they enter into a state of society, they cannot by 



OF AMERICAN HISTORY. 



207 



any compact, deprive or divest their posterity ; namely, 
the enjoyment of life and liberty, with the means of 
acquiring and possessing property, and pursuing and 
obtaining happiness and safety. 

II. That all power is vested in, and consequently de- 
rived from, the people ; that magistrates are their trus- 
tees and servants, and at all times amenable to them. 

III. That government is, or ought to be, instituted 
for the common benefit, protection and security of the 
people, nation or community ; of all the various modes 
and forms of government, that is best which is capable 
of producing the greatest degree of happiness and safety, 
and is most effectually secured against the danger of 
maladministration ; and that, when a government shall 
be found inadequate or contrary to these purposes, a 
majority of the community hath an indubitable, unalien- 
able and indefeasible right to reform, alter or abolish it, 
in such manner as shall be judged most conducive to the 
public weal. 

IV. That no man, or set of men, are entitled to ex- 
clusive or separate emoluments or privileges from the 
community but in consideration of public services, which 
not being descendible, neither ought the offices of magis- 
trate, legislator or judge to be hereditary. 

V. That the legislative, executive and judicial powers 
should be separate and distinct ; and that the members 
thereof may be restrained from oppression, by feeling 
and participating the burthens of the people, they 
should, at fixed periods, be reduced to a private station, 
return into that body from which they were originally 
taken, and the vacancies be supplied by frequent, certain 
and regular elections, in which all, or any part of the 
former members to be again eligible or ineligible, as the 
laws shall direct. 

VI. That all elections ought to be free, and that all 
men having sufficient evidence of permanent common 
interest with, and attachment to the community, have 



208 DOCUMENTS ILL USTRA TIVE 

the right of suffrage, and cannot be taxed, or deprived 
of their property for public uses, without their own con- 
sent, or that of their representatives so elected, nor 
bound by any law to which they have not in like man- 
ner assented, for the public good. 

VII. That all power of suspending laws, or the execu- 
tion of laws, by any authority, without consent of the 
representatives of the people, is injurious to their rights, 
and ought not to be exercised. 

VIII. That in all capital or criminal prosecutions, a 
man hath a right to demand the cause and nature of his 
accusation, to be confronted with the accusers and wit- 
nesses, to call for evidence in his favor, and to a speedy 
trial by an impartial jury of twelve men of his vicinage, 
without whose unanimous consent he cannot be found 
guilty ; nor can he be compelled to give evidence against 
himself ; that no man be deprived of his liberty, except 
by the law of the land or the judgment of his peers. 

IX. That excessive bail ought not to be required, nor 
excessive fines imposed, nor cruel and unusual punish- 
ments inflicted. 

X. That general warrants, whereby an officer or mes- 
senger may be commanded to search suspected places 
without evidence of a fact committed, or to seize any 
person or persons not named, or whose offence is not 
particularly described and supported by evidence, are 
grievous and oppressive, and ought not to be granted. 

XI. That in controversies respecting property, and in 
suits between man and man, the ancient trial by jury of 
twelve men is preferable to any other, and ought to be 
held sacred. 

XII. That the freedom of the press is one of the great 
bulwarks of liberty, and can never be restrained but by 
despotic governments. 

XIII. That a well regulated militia, composed of the 
body of the people, trained to arms, is the proper, natu- 
ral and safe defence of a free State ; that standing armies 



OF AMERICAN HISTORY. 20Q 

in time of peace, should be avoided as dangerous to 
liberty; and that in all cases the military should be 
under strict subordination to, and governed by, the civil 
power. 

XIV. That the people have a right to uniform gov- 
ernment ; and therefore, that no government separate 
from or independent of the government of Virginia, 
ought to be erected or established within the limits 
thereof. 

XV. That no free government, or the blessing of 
liberty, can be preserved to any people, but by a firm 
adherence to justice, moderation, temperance, frugality 
and virtue, and by a frequent recurrence to fundamental 
principles. 

XVI. That religion, or the duty which we owe to our 
Creator, and the manner of discharging it, can be directed 
only by reason and conviction, not by force or vio- 
lence ; and therefore all men are equally entitled to the 
free exercise of religion, according to the dictates of 
conscience ; and that it is the duty of all to practice 
Christian forbearance, love and charity towards each 
other. 



i4 



2IO DOCUMENTS ILLUSTRATIVE 



DECLARATION OF INDEPEND- 
ENCE— 1776. 

The preamble of the famous resolution of May 
15,1776, of the Continental Congress, declared that 
the exercise of every kind of authority under the 
crown of Great Britain should be totally sup- 
pressed. 

On June 7th Richard Henry Lee, for Virginia, 
submitted the following resolutions which were 
seconded by John Adams. 

" That these United Colonies are, and of right 
ought to be, free and independent States, that they 
are absolved from all allegiance to the British 
Crown, and that all political connection between 
them and the State of Great Britain is, and ought 
to be, totally dissolved. 

" That it is expedient forthwith to take the most 
effectual measures for forming foreign alliances. 

" That a plan of confederation be prepared and 
transmitted to the respective colonies for their 
consideration and approbation." 

These resolutions were discussed June 8th and 
10th, when a committee was appointed to draft a 
declaration in conformity with the first resolution, 
and further discussion was postponed to July 1. 
The resolution was adopted July 2d, and two days 
later (July 4th) the declaration reported by the 



OF AMERICAN HISTOR Y. 211 

committee was agreed upon. It was engrossed 
and signed by the members August 2, 1776. 

Consult Bancroft's U. S. 1st ed., VIII., chaps. 59 
and 60; cen. ed., V., chaps. 69 and 70 ; last ed., IV., 
chap. 28; Hildreth's U. S., III., 137; Frothing- 
ham's Rise, 539 ; Story's Constitution, I., 191 ; Bry- 
ant and Gay 's U. S. , 1 1 1 . , 4 70 ; Greene 's Historical 
View 1 100 ; Judge Chamber -tin 's Authentication of 
the Declaration ; Mass. Hist. Soc. Proc, 2d Series, 
Vol. I., 272-298 ; Harper's Magazine, III., 145. 

THE DECLARATION OF INDEPENDENCE-1776. 
In Congress, July 4, 1776. 

The unanimous Declaration of the thirteen united States 
of America. 

When in the Course of human events, it becomes nec- 
essary for one people to dissolve the political bands 
which have connected them with another, and to assume 
among the Powers of the earth, the separate and equal 
station to which the Laws of Nature and of Nature's 
God entitle them, a decent respect to the opinions of 
mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident, that all men 
are created equal, that they are endowed by their Creator 
with certain unalienable Rights, that among these are 
Life, Liberty and the pursuit of Happiness. That to se- 
cure these rights, Governments are instituted among 
Men, deriving their just powers from the consent of the 
governed, That whenever any Form of Government be- 
comes destructive of these ends, it is the Right of the 
People to alter or to abolish it, and to institute new Gov- 
ernment, laying its foundation on such principles and or- 
ganizing its powers in such form, as to them shall seem 



2 1 2 DOCUMENTS ILL USTKA TIVE 

most likely to effect their Safety and Happiness. Pru- 
dence, indeed, will dictate that Governments long estab- 
lished should not be changed for light and transient 
causes ; and accordingly all experience hath shown, that 
mankind are more disposed to suffer, while evils are suf- 
ferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the same 
Object, evinces a design to reduce them under absolute 
Despotism, it is their right, it is their duty, to throw off 
such Government, and to provide new Guards for their 
future security. — Such has been the patient sufferance of 
these Colonies ; and such is now the necessity which con- 
strains them to alter their former Systems of Govern- 
ment. The history of the present King of Great Britain 
is a history of repeated injuries and usurpations, all hav- 
ing in direct object the establishment of an absolute 
Tyranny over these States. To prove this, let Facts be 
submitted to a candid world. 

He has refused his Assent to Laws, the most whole- 
some and necessary for the public good. 

He has forbidden his Governors to pass Laws of imme- 
diate and pressing importance, unless suspended in their 
operation till his Assent should be obtained ; and when 
so suspended, he has utterly neglected to attend to 
them. 

He has refused to pass other Laws for the accommo- 
dation of large districts of people, unless those people 
would relinquish the right of Representation in the Leg- 
islature, a right inestimable to them and formidable to 
tyrants only. 

He has called together legislative bodies at places un- 
usual, uncomfortable, and distant from the depository of 
their Public Records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, 



OF AMERICAN HIS TOR Y. 2 1 3 

for opposing with manly firmness his invasions on the 
rights of the people. 

He has refused for a long time, after such dissolutions 
to cause others to be elected ; whereby the Legislative 
Powers, incapable of Annihilation, have returned to the 
People at large for their exercise ; the State remaining in 
the mean time exposed to all the dangers of invasion from 
without, and convulsions within. 

He has endeavoured to prevent the population of these 
States ; for that purpose obstructing the Laws for Nat- 
uralization of Foreigners ; refusing to pass others to en- 
courage their migration hither, and raising the conditions 
of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by 
refusing his Assent to Laws for establishing Judiciary 
Powers. 

He has made Judges dependent on his Will alone, for 
the tenure of their offices, and the amount and payment 
of their salaries. 

He has erected a multitude of New Offices, and sent 
hither swarms of Officers to harass our People, and eat 
out their substance. 

He has kept among us, in times of peace, Standing 
Armies without the Consent of our legislature. 

He has affected to render the Military independent of 
and superior to the Civil Power. 

He has combined with others to subject us to a juris- 
diction foreign to our constitution, and unacknowledged 
by our laws ; giving his Assent to their Acts of pre- 
tended Legislation : 

For quartering large bodies of armed troops among us : 

For protecting them t by a mock Trial, from Punish- 
ment for any Murders which they should commit on the 
Inhabitants of these States: 

For cutting off our Trade with all parts of the world : 

For imposing taxes on us without our Consent : 



2 14 DOCUMENTS ILL USTRA TIVE 

For depriving us in many cases, of the benefits of Trial 
by Jury : 

For transporting us beyond Seas to be tried for pre- 
tended offences : 

For abolishing the free System of English Laws in a 
neighboring Province, establishing therein an Arbitrary 
government, and enlarging its Boundaries so as to render 
it at once an example and fit instrument for introducing 
the same absolute rule into these Colonies : 

For taking away our Charters, abolishing our most val- 
uable Laws, and altering fundamentally the Forms of our 
Governments : 

For suspending our own Legislatures, and declaring 
themselves invested with Power to legislate for us in all 
cases whatsoever. 

He has abdicated Government here, by declaring us 
out of his Protection and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt 
our towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to compleat the works of death, desolation 
and tyranny, already begun with circumstances of Cru- 
elty, & perfidy scarcely paralleled in the most barbarous 
ages, and totally unworthy the Head of a civilized na- 
tion. 

He has constrained our fellow Citizens taken Captive 
on the high Seas to bear Arms against their Country, to 
become the executioners of their friends and Brethren, 
or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, and 
has endeavoured to bring on the inhabitants of our fron- 
tiers, the merciless Indian Savages, whose known rule of 
warfare, is an undistinguished destruction of all ages, 
sexes and conditions. 

In every stage of these Oppressions We have Peti- 
tioned for Redress in the most humble terms : Our re- 
peated Petitions have been answered only by repeated 



OF AMERICAN HISTORY. 



215 



injury. A Prince, whose character is thus marked by 
every act which may define a Tyrant, is unfit to be the 
ruler of a free People. 

Nor have We been wanting in attention to our British 
brethren. We have warned them from time to time of 
attempts by their legislature to extend an unwarrantable 
jurisdiction over us. We have reminded them of the 
circumstances of our emigration and settlement here. 
We have appealed to their native justice and magnanim- 
ity, and we have conjured them by the ties of our com- 
mon kindred to disavow these usurpations, which, 
would inevitably interrupt our connections and corre- 
spondence. They too have been deaf to the voice of jus- 
tice and of consanguinity. We must, therefore, acqui- 
esce in the necessity which denounces our Separation, 
and hold them, as we hold the rest of mankind, Enemies 
in War, in Peace Friends. 

We, therefore, the Representatives of the united States 
of America, in General Congress, Assembled, appealing 
to the Supreme Judge of the world for the rectitude of 
our intentions, do, in the Name, and by Authority of 
the good People of these Colonies, solemnly publish and 
declare, That these United Colonies are, and of Right 
ought to be Free and Independent States ; that they are 
Absolved from all Allegiance to the British Crown, and 
that all political connection between them and the State 
of Great Britain, is and ought to be totally dissolved ; 
and that as Free and Independent States, they have full 
Power to levy War, conclude Peace, contract Alliances, 
establish Commerce, and to do all other Acts and Things 
which Independent States may of right do. And for the 
support of this Declaration, with a firm reliance on the 
Protection of Divine Providence, we mutually pledge to 
each other our Lives, our Fortunes and our sacred 
Honor. 

JOHN HANCOCK. 



2 1 6 DOCUMENTS ILL USTRA TIVE 

New Hampshire. 
Josiah Bartlett, Matthew Thornton. 

Wm. Whipple, 

Massachusetts Bay. 
Saml. Adams, Robt. Treat Paine, 

John Adams, Elbridge Gerry. 

Rhode Island. 
Step. Hopkins, William Ellery. 

Connecticut. 
Roger Sherman, Wm. Williams, 

Sam'el Huntington, Oliver Wolcott. 

New York. 
Wm. Floyd, Frans. Lewis, 

Phil. Livingston, Lewis Morris. 

New Jersey. 
Richd. Stockton, John Hart, 

Jno. Witherspoon, Abra. Clark. 

Fras. Hopkinson, 

Pennsylvania. 
Robt. Morris, Jas. Smith, 

Benjamin Rush, George Taylor, 

Benja. Franklin, James Wilson, 

John Morton, Geo. Ross. 

Geo. Clymer, 

Delaware. 
Cesar Rodney, Tho. M'Kean. 

Geo. Read, 

Maryland. 
Samuel Chase, Thos. Stone, 

Wm. Paca, Charles Carroll of 

Carrollton. 
Virginia. 
George Wythe, Thos. Nelson, jr., 

Richard Henry Lee, Francis Lightfoot 

Th Jefferson, Lee, 

Benja. Harrison, Carter Braxton. 



OF AMERICAN HISTORY. 



21/ 



North Carolina. 
Wm. Hooper, John Penn. 

Joseph Hewes, 

South Carolina. 
Edward Rutledge, Thomas Lynch, Junr., 

Thos. Heyward, Junr., Arthur Middleton. 

Georgia. 

Button Gwinnett, Geo. Walton. 

Lyman Hall, 



2 1 8 DOCUMENTS ILL USTRA TIVE 



ARTICLES OF CONFEDERATION— 1777. 

The necessity of some provision for a general 
government was early felt. A committee, ap- 
pointed by Congress June 11, 1776, "to prepare 
and digest the form of a confederation to be 
entered into between these colonies," reported 
July 12, articles drawn up by John Dickinson. 
These were not approved, and the matter dropped 
for the time. At length, Nov. 15, 1777, Congress 
agreed upon the Articles of Confederation, and 
ordered them forwarded to the several states that 
they might instruct their delegates to ratify them 
in congress. The dates of ratification were — 
Massachusetts, Rhode Island, Connecticut, New 
York, Pennsylvania, Virginia, and South Carolina, 
July 9, 1778 — North Carolina, July 21, 1778 — 
Georgia, July 24, 1778 — New Jersey, Nov. 26, 1778 
— Delaware, Feb. 22, 1779 — Maryland, March 1, 
1 78 1. " Until the adoption of the articles of con- 
federation by all the states, congress continued a 
revolutionary body, which was recognized by all 
the colonies as de jure and de facto the national 
government and which, as such, came in contact 
with foreign powers and entered into engage- 
ments, the binding force of which on the whole 
people has never been called in question." (Von 
Hoist.) The principal defects are well summarized 
by Schouler. I. Want of power to enforce obe- 



OF AMERICAN HIS TOR V. 2 1 Q 

dience. II. Operation of the fundamental law not 
upon individuals but upon states. III. Large vote 
requisite in congress for passage of important 
measures. IV. Want of right to regulate foreign 
Commerce. V. Virtual omission of power to alter 
the existing articles. 

Consult Bancroft's U. S., isted., IX., 436 ; cen. 
ed., VI., 25 ; last ed., V., 200; Hild'reth's U. S., 
III. 266; Frothingham's Rise, etc., 569; Story's 
Cons. U. S, I., 209-251; Curtis' Constittction,!., 
114; Prince 's The Articles of Confederation vs. the 
Constitution. 

ARTICLES OF CONFEDERATION— 1777. 

To all to whom these Presents shall come, we the under- 
signed Delegates of the States affixed to our Names, send 
greeting. 

Whereas the Delegates of the United States of Amer- 
ica in Congress assembled did on the fifteenth day of 
November in the Year of our Lord One Thousand Seven 
Hundred and Seventyseven, and in the Second Year of 
the Independence of America agree to certain articles of 
Confederation and perpetual Union between the States 
of Newhampshire, Massachusetts-bay, Rhodeisland and 
Providence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North-Carolina, South-Carolina and Georgia in the 
Words following, viz. 

"Articles of Confederation and perpetual Union bettveen 
the States of Newhampshire, Massachusetts-bay, RJiode- 
island and Providence Plantations, Connecticut , New- 
York, New-Jersey, Pennsylvania, Delaware, Maryland. 
Virginia, NortJi-Carolina, South-Carolina and Georgia. 



220 DOCUMENTS ILLUSTRATIVE 

ARTICLE I. The stile of this confederacy shall be " The 
United States of America." 

Article II. Each State retains its sovereignty, free- 
dom and independence, and every power, jurisdiction 
and right, which is not by this confederation expressly 
delegated to the United States, in Congress assembled. 

Article III. The said States hereby severally enter 
into a firm league of friendship with each other, for their 
common defence, the security of their liberties, and their 
mutual and general welfare, binding themselves to assist 
each other, against all force offered to, or attacks made 
upon them, or any of them, on account of religion, sov- 
ereignty, trade, or any other pretence whatever. 

Article IV. The better to secure and perpetuate 
mutual friendship and intercourse among the people of 
the different States in this Union, the free inhabitants of 
each of these States, paupers, vagabonds and fugitives 
from justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several States ; and 
the people of each State shall have free ingress and re- 
gress to and from any other State, and shall enjoy therein 
all the privileges of trade and commerce, subject to the 
same duties, impositions and restrictions as the inhabit- 
ants thereof respectively, provided that such restrictions 
shall not extend so far as to prevent the removal of prop- 
erty imported into any State, to any other State of which 
the owner is an inhabitant ; provided also that no im- 
position, duties or restriction shall be laid by any State, 
on the property of the United States, or either of them. 

If any person guilty of, or charged with treason, fel- 
ony, or other high misdemeanor in any State, shall flee 
from justice, and be found in any of the United States, 
he shall upon demand of the Governor or Executive 
power, of the State from which he fled, be delivered up 
and removed to the State having jurisdiction of his of- 
fence. 

Full faith and credit shall be given in each of these 



OF AMERICAN HISTOR Y. 221 

States to the records, acts and judicial proceedings of the 
courts and magistrates of every other State. 

Article V. For the more convenient management of 
the general interests of the United States, delegates 
shall be annually appointed in such manner as the legis- 
lature of each State shall direct, to meet in Congress on 
the first Monday in November, in every year, with a 
power reserved to each State, to recall its delegates, or 
any of them, at any time within the year, and to send 
others in their stead, for the remainder of the year. 

No State shall be represented in Congress by less than 
two, nor by more than seven members ; and no person 
shall be capable of being a delegate for more than three 
years in any term of six years ; nor shall any person, 
being a delegate, be capable of holding any office under 
the United States, for which he, or another for his benefit 
receives any salary, fees or emolument of any kind. 

Each State shall maintain its own delegates in a meet- 
ing of the States, and while they act* as members of the 
committee of the States. 

In determining questions in the United States, in Con- 
gress assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not 
be impeached or questioned in any court, or place out of 
Congress, and the members of Congress shall be pro- 
tected in their persons from arrests and imprisonments, 
during the time of their going to and from, and attend- 
ance on Congress, except for treason, felony, or breach 
of the peace. 

Article VI. No State without the consent of the 
United States in Congress assembled, shall send any 
embassy to, or receive any embassy from, or enter into 
any conferrence, agreement, alliance or treaty with any 
king prince or state ; nor shall any person holding any 
office of profit or trust under the United States, or any 
of them, accept of any present, emolument, office or title 
of any kind whatever from any king, prince or foreign 



222 DOCUMENTS ILL USTRA TIVE 

state ; nor shall the United States in Congress assembled, 
or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, 
confederation or alliance whatever between them, with- 
out the consent of the United States in Congress as- 
sembled, specifying accurately the purposes for which 
the same is to be entered into, and how long it shall 
continue. 

No State shall lay any imposts or duties, which may 
interfere with any stipulations in treaties, entered into 
by the United States in Congress assembled, with any 
king, prince or state, in pursuance of any treaties already 
proposed by Congress, to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by 
any State, except such number only, as shall be deemed 
necessary by the United States in Congress assembled, 
for the defence of such State, or its trade ; nor shall any 
body of forces be kept up by any State, in time of peace, 
except such number only, as in the judgment of the 
United States, in Congress assembled, shall be deemed 
requisite to garrison the forts necessary for the defence 
of such State ; but every State shall always keep up a 
well regulated and disciplined militia, sufficiently armed 
and accoutred, and shall provide and constantly have 
ready for use, in public stores, a due [number of field 
pieces and tents, and a proper quantity of arms, ammu- 
nition and camp equipage. 

No State shall engage in any war without the consent 
of the United States in Congress assembled, unless such 
State be actually invaded by enemies, or shall have re- 
ceived certain advice of a resolution being formed by 
some nation of Indians to invade such State, and the 
danger is so imminent as not to admit of a delay, till the 
United States in Congress assembled can be consulted : 
nor shall any State grant commissions to any ships or 
vessels of war, nor letters of marque or reprisal, except it 
be after a declaration of war by the United States in 



OF AMERICAN HISTORY. 



223 



Congress assembled, and then only against the kingdom 
or state and the subjects thereof, against which war has 
been so declared, and under such regulations as shall be 
established by the United States in Congress assembled, 
unless such State be infested by pirates, in which case 
vessels of war may be fitted out for that occasion, and 
kept so long as the danger shall continue, or until the 
United States in Congress assembled shall determine 
otherwise. 

Article VII. When land-forces are raised by any 
State for the common defence, all officers of or under the 
rank of colonel, shall be appointed by the Legislature of 
each State respectively by whom such forces shall be 
raised, or in such manner as such State shall direct, and 
all vacancies shall be filled up by the State which first 
made the appointment. 

Article VIII. All charges of war, and all other ex- 
penses that shall be incurred for the common defence or 
general welfare, and allowed by the United States in 
Congress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several States, 
in proportion to the value of all land within each State, 
granted to or surveyed for any person, as such land and 
the buildings and improvements thereon shall be esti- 
mated according to such mode as the United States in 
Congress assembled, shall from time to time direct and 
appoint. 

The taxes for paying that proportion shall be laid and 
levied by the authority and direction of the Legislatures 
of the several States within the time agreed upon by the 
United States in Congress assembled. 

ARTICLE IX. The United States in Congress as- 
sembled, shall have the sole and exclusive right and 
power of determining on peace and war, except in the 
cases mentioned in the sixth article — of sending and re- 
ceiving ambassadors — entering into treaties and alliances, 
provided that no treaty of commerce shall be made 



224 



DOCUMENTS ILLUSTRATIVE 



whereby the legislative power of the respective States 
shall be restrained from imposing such imposts and 
duties on foreigners, as their own people are subjected 
to, or from prohibiting the exportation or importation of 
any species of goods or commodities whatsoever — of es- 
tablishing rules for deciding in all cases, what captures 
on land or water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the 
United States shall be divided or appropriated — of grant- 
ing letters of marque and reprisal in times of peace — 
appointing courts for the trial of piracies and felonies 
committed on the high seas and establishing courts for 
receiving and determining finally appeals in all cases of 
captures, provided that no member of Congress shall be 
appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be 
the last resort on appeal in all disputes and differences 
now subsisting or that hereafter may arise between two 
or more States concerning boundary, jurisdiction or any 
other cause whatever; which authority shall always be 
exercised in the manner following. Whenever the legis- 
lative or executive authority or lawful agent of any 
State in controversy with another shall present a peti- 
tion to Congress, stating the matter in question and 
praying for a hearing, notice thereof shall be given by 
order of Congress to the legislative or executive author- 
ity of the other State in controversy, and a day assigned 
for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint by joint consent, 
commissioners or judges to constitute a court for hear- 
ing and determining the matter in question : but if they 
cannot agree, Congress shall name three persons out of 
each of the United States, and from the list of such per- 
sons each party shall alternately strike out one, the 
petitioners beginning, until the number shall be reduced 
to thirteen ; and from that number not less than seven, 
nor more than nine names as Congress shall direct, shall 



OF AMERICAN HIS TOR Y. 2 2 r 

in the presence of Congress be drawn out by lot, and 
the persons whose names shall be so drawn or any five 
of them, shall be commissioners or judges, to hear and 
finally determine the controversy, so always as a major 
part of the judges who shall hear the cause shall agree 
in the determination : and if either party shall neglect 
to attend at the day appointed, without showing rea- 
sons, which Congress shall judge sufficient, or being 
present shall refuse to strike, the Congress shall proceed 
to nominate three persons out of each State, and the 
Secretary of Congress shall strike in behalf of such 
party absent or refusing; and the judgment and sen- 
tence of the court to be appointed, in the manner 
before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the authority 
of such court, or to appear or defend their claim or 
cause, the court shall nevertheless proceed to pronounce 
sentence, or judgment, which shall in like manner be 
final and decisive, the judgment or sentence and other 
proceedings being in either case transmitted to Congress, 
and lodged among the acts of Congress for the security 
of the parties concerned : provided that every commis- 
sioner, before he sits in judgment, shall take an oath to 
be administered by one of the judges of the supreme or 
superior court of the State where the cause shall be 
tried, " well and truly to hear and determine the matter 
in question, according to the best of his judgment, with- 
out favour, affection or hope of reward: " provided also 
that no State shall be deprived of territory for the bene- 
fit of the United States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more States, 
whose jurisdiction as they may respect such lands, and 
the States which passed such grants are adjusted, the 
said grants or either of them being at the same time 
claimed to have originated antecedent to such settle- 
ment of jurisdiction, shall on the petition of either party 
*5 



226 DOCUMENTS ILLUSTRATIVE 

to the Congress of the United States, be finally deter- 
mined as near as may be in the same manner as is before 
prescribed for deciding disputes respecting territorial 
jurisdiction between different States. 

The United States in Congress assembled shall also 
have the sole and exclusive right and power of regulat- 
ing the alloy and value of coin struck by their own 
authority, or by that of the respective States. — fixing 
the standard of weights and measures throughout the 
United States — regulating the trade and managing all 
affairs with the Indians, not members of any of the 
States, provided that the legislative right of any State 
within its own limits be not infringed or violated — estab- 
lishing and regulating post-offices from one State to 
another, throughout all the United States, and exacting 
such postage on the papers passing thro' the same as 
may be requisite to defray the expenses of the said office 
— appointing all officers of the land forces, in the ser- 
vice of the United States, excepting regimental officers 
— appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the 
United States — making rules for the government and 
regulation of the said land and naval forces, and direct- 
ing their operations. 

The United States in Congress assembled shall have 
authority to appoint a committee, to sit in the recess of 
Congress, to be denominated " a Committee of the 
States," and to consist of one delegate from each State; 
and to appoint such other committees and civil officers 
as may be necessary for managing the general affairs of 
the United States under their direction — to appoint one 
of their number to preside, provided that no person be 
allowed to serve in the office of president more than 
one year in any term of three years ; to ascertain the 
necessary sums of money to be raised for the service 
of the United States, and to appropriate and apply the 
same for defraying the public expenses — to borrow 



OF AMERICAN HISTORY. 



227 



money, or emit bills on the credit of the United States, 
transmitting every half year to the respective States an 
account of the sums of money so borrowed or emitted, 
— to build and equip a navy — to agree upon the number 
of land forces, and to make requisitions from each State 
for its quota, in proportion to the number of white in- 
habitants in such State ; which requisition shall be bind- 
ing, and thereupon the Legislature of each State shall 
appoint the regimental officers, raise the men and cloath, 
arm and equip them in a soldier like manner, at the 
expense of the United States ; and the officers and men 
so cloathed, armed and equipped shall march to the 
place appointed, and within the time agreed on by the 
United States in Congress assembled : but if the United 
States in Congress assembled shall, on consideration of 
circumstances judge proper that any State should not 
raise men, or should raise a smaller number than its 
quota, and that any other State should raise a greater 
number of men than the quota thereof, such extra num- 
ber shall be raised, officered, cloathed, armed and 
equipped in the same manner as the quota of such 
State, unless the legislature of such State shall judge 
that such extra number cannot be safely spared out of 
the same, in which case they shall raise officer, cloath, 
arm and equip as many of such extra number as they 
judge can be safely spared. And the officers and men 
so cloathed, armed and equipped, shall march to the 
place appointed, and within the time agreed on by the 
United States in Congress assembled. 

The United States in Congress assembled shall never 
engage in a war, nor grant letters of marque and reprisal 
in time of peace, nor enter into any treaties or alliances, 
nor coin money, nor regulate the value thereof, nor 
ascertain the sums and expenses necessary for the 
defence and welfare of the United States, or any of 
them, nor emit bills, nor borrow money on the credit of 
the United States, nor appropriate money, nor agree 



228 DOCUMENTS ILL USTRA TIVE 

upon the number of vessels of war, to be built or pur- 
chased, or the number of land or sea forces to be raised, 
nor appoint a commander in chief of the army or navy, 
unless nine States assent to the same : nor shall a ques- 
tion on any other point, except for adjourning from day 
to day be determined, unless by the votes of a majority 
of the United States in Congress assembled. 

The Congress of the United States shall have power 
to adjourn to any time within the year, and to any place 
within the United States, so that no period of adjourn- 
ment be for a longer duration than the space of six 
months, and shall publish the journal of their proceed- 
ings monthly, except such parts thereof relating to 
treaties, alliances or military operations, as in their judg- 
ment require secresy ; and the yeas and nays of the del- 
egates of each State on any question shall be entered on 
the journal, when it is desired by any delegate ; and the 
delegates of a State, or any of them, at his or their 
request shall be furnished with a transcript of the said 
journal, except such parts as are above excepted, to lay 
before the Legislatures of the several States. 

Article X. The committee of the States, or any 
nine of them, shall be authorized to execute, in the 
recess of Congress, such of the powers of Congress as 
the United States in Congress assembled, by the con- 
sent of nine States, shall from time to time think expe- 
dient to vest them with ; provided that no power be 
delegated to the said committee, for the exercise of 
which, by the articles of confederation, the voice of nine 
States in the Congress of the United States assembled 
is requisite. 

ARTICLE XI. Canada acceding to this confederation, 
and joining in the measures of the United States, shall 
be admitted into, and entitled to all the advantages of 
this Union : but no other colony shall be admitted into 
the same, unless such admission be agreed to by nine 
States. 



OF AMERICAN HISTORY. 2 2Q 

ARTICLE XII. All bills of credit emitted, monies bor- 
rowed and debts contracted by, or under the authority 
of Congress, before the assembling of the United States, 
in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United 
States, for payment and satisfaction whereof the said 
United States, and the public faith are hereby solemnly 
pledged. 

Article XIII. Every State shall abide by the deter- 
minations of the United States in Congress assembled, 
on all questions which by this confederation are sub- 
mitted to them. And the articles of this confederation 
shall be inviolably observed by every State, and the 
Union shall be perpetual ; nor shall any alteration at 
any time hereafter be made in any of them ; unless such 
alteration be agreed to in a Congress of the United 
States, and be afterwards confirmed by the Legislatures 
of every State. 

And whereas it has pleased the Great Governor of the 
world to incline the hearts of the Legislatures we re- 
spectively represent in Congress, to approve of, and to 
authorize us to ratify the said articles of confederation 
and perpetual union. Know ye that we the undersigned 
delegates, by virtue of the power and authority to us 
given for that purpose, do by these presents, in the 
name and in behalf of our respective constituents, fully 
and entirely ratify and confirm each and every of the 
said articles of confederation and perpetual union, and 
all and singular the matters and things therein contained : 
and we do further solemnly plight and engage the faith 
of our respective constituents, that they shall abide by 
the determinations of the United States in Congress 
assembled, on all questions, which by the said confedera- 
tion are submitted to them. And that the articles 
thereof shall be inviolably observed by the States we 
respectively represent, and that the Union shall be 
perpetual. 



2 o Q DOCUMENTS ILLUSTRATIVE 

In witness whereof we have hereunto set our hands in 
Congress. Done at Philadelphia in the State of Penn- 
sylvania the ninth day of July in the year of our Lord 
one thousand seven hundred and seventy-eight, and 
in the third year of the independence of America. 

On the part & behalf of the State of New Hampshire. 

Josiah Bartlett, John Wentworth, Junr., 

August 8th, 1778. 

On the part and behalf of the State of Massachusetts Bay. 

John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

On the part arid behalf of the State of Rhode Island and 
Providence Plantations. 

William Ellery, John Collins. 

Henry Marchant, 

On the part and behalf of the State of Connecticut. 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adams. 

Oliver Wolcott, 

On the part and behalf of the State of New York. 

Jas. Duane, Wm. Duer, 

Fra. Lewis, Gouv. Morris. 

On the part and in behalf of the State of New Jersey, 
Novr. 26, 1778. 

Jno. Witherspoon, Nath. Scudder. 

On the part and behalf of the State of Pennsylvania. 

Robt. Morris, William Clingan, 

Daniel Roberdeau, JosErn Reed, 

Jona. Bayard Smith, 22c! July, 1778. 



OF AMERICAN HIS TOR Y. 2 \l 

On the part & behalf of the State of Delaware. 

Tho. M'Kean, Nicholas Van Dyke. 

Feby. 12, 1779. 
John Dickinson, May 5th, 1779. 

On the part and belialf of the State of Maryland. 

John Hanson, Daniel Carroll, 

March 1, 1781. Mar. 1, 1781. 

On the part and behalf of the State of Virginia. 

Richard Henry Lee, Jno. Harvie, 

John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

On the part and behalf of the State of No. Carolina. 

John Penn, July 21, 1778. Jno. Williams. 
Corns. Harnett, 

On the part & behalf of the State of South Carolina. 

Henry Laurens, Richd. Hutson. 

William Henry Drayton, Thos. Heyward, Junr. 
Jno. Mathews, 

On the part & behalf of the State of Georgia. 

Jno. Walton, Edwd. Langworthy. 

24th July, 1778. 

Edwd. Telfair, 



2 o 2 DOCUMENTS ILLUSTRATIVE 



TREATY OF PEACE— 1783. 

Cornwallis surrendered Oct. 19, 1 781, and Feb. 
27, 1782, Parliament voted against continuing the 
American War. Lord North's ministry went out 
and the new administration dispatched Richard Os- 
wald to negotiate peace with Franklin at Paris. 
The negotiations extended from April till Nov. 30, 
1782, when the provisional or preliminary articles 
of peace were signed. These articles were " to be 
inserted in and constitute the treaty of peace" 
which should be concluded when Great Britain and 
France should have arranged terms of peace. The 
definitive treaty was signed as below, Sept. 3, 1783, 

Consult Bancroft 's U. S., last ed., VI., 36 ; cen. 
ed., VI., 434 ; Bryant and Gay, IV., 89 ; Hil- 
dreth, III., 418; Fiske, "Political Consequences 
of Comwallii Surrender" in Atlantic Monthly; 
Jan., 1886; Curtis, hi Harpers Mag., April and 
May, 1883 ; Treaties and Conventions (Sen. ex. 
Doc. No. 36, 43d Cong. 3d. Sess.), 1009. 

DEFINITIVE TREATY OF PEACE BETWEEN 
THE UNITED STATES OF AMERICA AND 
HIS BRITANNIC MAJESTY. CONCLUDED 
SEPTEMBER 3, 1783. 

In the name of the Most Holy and Undivided Trin- 
ity. 

It having pleased the Divine Providence to dispose 



OF AMERICAN HISTORY. 



233 



the heart of the most serene and most potent Prince 
George the Third, by the Grace of God King of Great 
Britain, France and Ireland, Defender of the Faith, Duke 
of Brunswick and Luneburg, Arch-Treasurer and Prince 
Elector of the Holy Roman Empire, &ca., and of the 
United States of America, to forget all past misunder- 
standings and differences that have unhappily interrupted 
the good correspondence and friendship which they mu- 
tually wish to restore ; and to establish such a beneficial 
and satisfactory intercourse between the two countries, up- 
on the ground of reciprocal advantages and mutual conven- 
ience, as may promote and secure to both perpetual peace 
and harmony: And having for this desirable end already 
laid the foundation of peace and reconciliation, by the pro- 
visional articles, signed at Paris on the 30th of Nov'r, 1782, 
by the commissioners empowered on each part, which ar- 
ticles were agreed to be inserted in and to constitute the 
treaty of peace proposed to be concluded between the 
Crown of Great Britain and the said United States, but 
which treaty was not to be concluded until terms of peace 
should be agreed upon between Great Britain and France, 
and His Britannic Majesty should be ready to conclude 
such treaty accordingly ; and the treaty between Great 
Britain and France having since been concluded, His 
Britannic Majesty and the United States of America, in 
order to carry into full effect the provisional articles 
above mentioned, according to the tenor thereof, have 
constituted and appointed, that is to say, His Britannic 
Majesty on his part, David Hartley, esqr., member of 
the Parliament of Great Britain; and the said United 
States on their part, John Adams, esqr., late a commis- 
sioner of the United States of America at the Court of 
Versailles, late Delegate in Congress from the State of 
Massachusetts, and chief justice of the said State, and 
Minister Plenipotentiary of the said United States to 
their High Mightinesses the States General of the United 
Netherlands ; Benjamin Franklin, esq' re, late Delegate in 



2 a 4 DOCUMENTS ILL USTKA Til E 

Congress, from the State of Pennsylvania, president of 
the convention of the said State, and Minister Plenipo- 
tentiary from the United States of America at the Court 
of Versailles ; John Jay, esq're, late president of Congress, 
and chief justice of the State of New York, and Minister 
Plenipotentiary from the said United States at the Court 
of Madrid, to be the Plenipotentiaries for the concluding 
and signing the present definitive treaty ; who, after 
having reciprocally communicated their respective full 
powers, have agreed upon and confirmed the following 
articles : 

ARTICLE I. 

His Britannic Majesty acknowledges the said United 
States, viz. New Hampshire, Massachusetts Bay, Rhode 
Island, and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia, to 
be free, sovereign and independent States ; that he treats 
with them as such, and for himself, his heirs and succes- 
sors, relinquishes all claims to the Government, propriety 
and territorial rights of the same, and every part there- 
of. 

ARTICLE II. 

And that all disputes which might arise in future, on 
the subject of the boundaries of the United States may be 
prevented, it is hereby agreed and declared, that the fol- 
lowing are, and shall be their boundaries, viz : From the 
north-west angle of Nova Scotia, viz. that angle which 
is formed by a line drawn due north from the source of 
Saint Croix River to the Highlands ; along the said 
Highlands which divide those rivers that empty them- 
selves into the river St. Lawrence, from those which fall 
into the Atlantic Ocean, to the northwesternmost head 
of Connecticut River ; thence down along the middle of 



OF AMERICAN IIISTOK Y. 2 . c 

that river, to the forty-fifth degree of north latitude ; 
from thence, by a line due west on the said latitude, until 
it strikes the river Iroquois or Cataraquy ; thence along 
the middle of said river into Lake Ontario, through 
the middle of said lake until it strikes the communi- 
cation by water between that lake and Lake Erie ; 
thence along the middle of said communication into 
Lake Erie, through the middle of said lake until it ar- 
rives at the water communication between that lake and 
Lake Huron ; thence along the middle of said water 
communication into the Lake Huron ; thence through 
the middle of said lake to the water communication be- 
tween that lake and Lake Superior ; thence through Lake 
Superior northward of the Isles Royal and Philipeaux, to 
the Long Lake ; thence through the middle of said Long 
Lake, and the water communication between it and the 
Lake of the Woods, to the said Lake of the Woods ; 
thence through the said lake to the most northwestern 
point thereof, and from thence on a due west course to the 
river Mississippi ; thence by a line to be drawn along the 
middle of the said river Mississippi until it shall intersect 
the northernmost part of the thirty-first degree of north 
latitude. South, by a line to be drawn due east from the 
determination of the line last mentioned, in the latitude 
of thirty-one degrees north of the Equator, to the middle 
of the river Apalachicola or Catahouche; thence along 
the middle thereof to its junction with the Flint River ; 
thence strait to the head of St. Mary's River; and thence 
down along the middle of St. Mary's River to the At- 
lantic Ocean. East, by a line to be drawn along the 
middle of the river St. Croix, from its mouth in the Bay 
of Fundy to its source, and from its source directly north 
to the aforesaid Highlands, which divide the rivers that 
fall into the Atlantic Ocean from those which fall into 
the river St. Lawrence ; comprehending all islands with- 
in twenty leagues of any part of the shores of the United 
States, and lying between lines to be drawn due east from 



236 



DOCUMENTS ILLUSTRATIVE 



the points where the aforesaid boundaries between Nova 
Scotia on the one part, and East Florida on the other, 
shall respectively touch the Bay of Fundy and the Atlan- 
tic Ocean ; excepting such islands as now are, or hereto- 
fore have been, within the limits of the said province of 
Nova Scotia. 

ARTICLE III. 

It is agreed that the people of the United States shall 
continue to enjoy unmolested the right to take fish of 
every kind on the Grand Bank, and on all the other 
banks of Newfoundland ; also in the Gulph of Saint 
Lawrence, and at all other places in the sea where the 
inhabitants of both countries used at anytime heretofore 
to fish. And also that the inhabitants of the United 
States shall have liberty to take fish of every kind on 
such part of the coast of Newfoundland as British 
fishermen shall use (but not to dry or cure the same on 
that island) and also on the coasts, bays, and creeks of 
all other of His Britannic Majesty's dominions in Amer- 
ica ; and that the American fishermen shall have liberty 
to dry and cure fish in any of the unsettled bays, har- 
bours, and creeks of Nova Scotia, Magdalen Islands, and 
Labrador, so long as the same shall remain unsettled ; 
but so soon as the same or either of them shall be 
settled, it shall not be lawful for the said fishermen to 
dry or cure fish at such settlement, without a previous 
agreement for that purpose with the inhabitants, pro- 
prietors, or possessors of the ground. 

ARTICLE IV. 

It is agreed that creditors on either side shall meet 
with no lawful impediment to the recovery of the full 
value in sterling money, of all bona fide debts heretofore 
contracted. 



OF AMERICAN HIS TOR Y. 

z 0/ 



ARTICLE V. 



It is agreed that the Congress shall earnestly recom- 
mend it to the legislatures of the respective States, to pro- 
vide for the restitution of all estates, rights, and properties 
which have been confiscated, belonging to real British 
subjects, and also of the estates, rights, and properties of 
persons resident in districts in the possession of His 
Majesty's arms, and who have not borne arms against 
the said United States. And that persons of any other 
description shall have free liberty to go to any part or 
parts of any of the thirteen United States, and therein 
to remain twelve months, unmolested in their endeavors 
to obtain the restitution of such of their estates, rights, 
and properties as may have been confiscated ; and that 
Congress shall also earnestly recommend to the several 
States a reconsideration and revision of all acts or laws 
regarding the premises, so as to render the said laws or 
acts perfectly consistent, not only with justice and equity 
but with that spirit of conciliation which, on the return 
of the blessings of peace, should universally prevail. 
And that Congress shall also earnestly recommend to 
the several States, that the estates, rights, and properties 
of such last mentioned persons, shall be restored to 
them, they refunding to any persons who may be now 
in possession, the bona fide price (where any has been 
given) which such persons may have paid on purchasing 
any of the said lands, rights, or properties, since the con- 
fiscation. And it is agreed, that all persons who have 
any interest in confiscated lands, either by debts, mar- 
riage settlements, or otherwise, shall meet with no law- 
ful impediment in the prosecution of their just rights. 

ARTICLE VI. 

That there shall be no future confiscations made, nor 
any prosecutions commenc'd, against any person or per- 



2 3 8 



DOCUMENTS ILLUSTRATIVE 



sons for, or by reason of the part which he or they may 
have taken in the present war ; and that no person 
shall, on that account, suffer any future loss or damage, 
either in his person, liberty or property ; and that those 
who may be in confinement on such charges, at the 
time of the ratification of the treaty in America, shall be 
immediately set at liberty, and the prosecutions so com- 
menced be discontinued. 

ARTICLE VII. 

There shall be a firm and perpetual peace between 
His Britannic Majesty and the said States, and between 
the subjects of the one and the citizens of the other, 
wherefore all hostilities, both by sea and land, shall from 
henceforth cease: All prisoners on both sides shall be 
set at liberty, and His Britannic Majesty shall, with all 
convenient speed, and without causing any destruction, 
or carrying away any negroes or other property of the 
American inhabitants, withdraw all his armies, garrisons, 
and fleets from the said United States, and from every 
port, place, and harbour within the same ; leaving in all 
fortifications the American artillery that maybe therein: 
And shall also order and cause all archives, records, deeds, 
and papers, belonging to any of the said States, or their 
citizens, which in the course of the war, may have fallen 
into the hands of his officers, to be forthwith restored 
and deliver'd to the proper States and persons to whom 
they belong. 

ARTICLE VIII. 

THE navigation of the river Mississippi, from its source 
to the ocean, shall forever remain free and open to the 
subjects of Great Britain, and the citizens of the United 
States. 



OF AMERICAN HISTORY. 



ARTICLE IX. 



239 



In case it should so happen that any place or territory 
belonging to Great Britain or to the United States, 
should have been conquer'd by the arms of either from 
the other, before the arrival of the said provisional arti- 
cles in America, it is agreed, that the same shall be re- 
stored without difficulty, and without requiring any 
compensation. 

ARTICLE X. 

THE solemn ratifications of the present treaty, expedit- 
ed in good and due form, shall be exchanged between the 
contracting parties, in the space of six months, or sooner 
if possible, to be computed from the day of the signature 
of the present treaty. In witness whereof, we the under- 
signed, their Ministers Plenipotentiary, have in their 
name and in virtue of our full powers, signed with our 
hands the present definitive treaty, and caused the seals 
of our arms to be affix'd thereto. 

Done at Paris, this third day of September, in the 
year of our Lord one thousand seven hundred and 
eighty-three. 

D. Hartley, [l. s.] 
John Adams, [l. s.] 
B. Franklin, [l. s.] 
John Jay. [l. s.] 



240 



DOCUMENTS ILLUSTRATIVE 



NORTHWEST ORDINANCE— 1787. 

On the same day (March 1, 1784) that Virginia 
ceded her western territory to Congress, Thomas 
Jefferson reported in Congress a plan for the tem- 
porary government of this newly acquired territory. 
Among its provisions was the prohibition of slavery 
after 1800, but this clause was cancelled. The 
measure passed April 23, 1784. From this time 
many plans were reported by various committees, 
but no definite action was taken till 1 ySy, when, on 
July 13, the "Ordinance for the Government of 
the Territory of the United States north-west of 
the river Ohio " was passed. This ordinance, even 
when ordered to a third reading, did not contain 
" those great principles for which it has since been 
distinguished as one of the greatest monuments of 
civil jurisprudence," above all the prohibition of 
slavery, which Mr. Dane, of Massachusetts, offered 
as an amendment, July 12. 

"The ordinance of 1787, in particular, deserves 
to rank among immortal parchments both for what 
it accomplished and what it inspired. Nor would 
it be wild hyperbole to opine that save for the 
adoption and unflinching execution of that ordi- 
nance by Congress in early times, the American 
Union would ere to-day have found a grave." 

In 1 790 this ordinance, excepting certain clauses. 



OF AMERICAN HISTORY. 



241 



was extended to the territory south of the river 
Ohio. 

Consult Donaldson's Public Domain, chap. I., 
(Mis. Doc, 45, 47, Cong. Ina. Sess.); Bancroft's 
U. S., last ed., II., 277 ; Poole's article on Ctitter's 
Influence, North American Review, vol. 53, p. 334 ; 
Bryant and Gay 's U. S., IV.; Harper 's Magazine, 
vol. 71,554 ; Burnet' s Northwestern Territory, 37. 

THE NORTHWEST TERRITORIAL GOVERN- 
MENT— 1787. 

[The Confederate Congress, July 13, 1787.] 

An Ordinance for the government of the territory of the 
United States northwest of the river Ohio. 

SECTION i. Be it ordained by the United States in Con- 
gress assembled, That the said Territory, for the purpose 
of temporary government, be one district, subject, how- 
ever, to be divided into two districts, as future circum- 
stances may, in the opinion of Congress, make it expe- 
dient. 

SEC. 2. Be it ordained by the authority aforesaid, That 
the estates both of resident and non-resident proprietors 
in the said territory, dying intestate, shall descend to, and 
be distributed among, their children and the descendants 
of a deceased child in equal parts, the descendants of a 
deceased child or grandchild to take the share of their 
deceased parent in equal parts among them ; and where 
there shall be no children or descendants, then in equal 
parts to the next of kin, in equal degree ; and among 
collaterals, the children of a deceased brother or sister of 
the intestate shall have, in equal parts among them, their 
deceased parent's share ; and there shall, in no case, be a 
distinction between kindred of the whole and half blood ; 
saving in all cases to the widow of the intestate, her third 
16 



2 A2 DOCUMENTS ILLUSTRATIVE 

part of the real estate for life, and one-third part of the 
personal estate ; and this law relative to descents and 
dower, shall remain in full force until altered by the 
legislature of the district. And until the governor and 
judges shall adopt laws as hereinafter mentioned, estates 
in the said territory may be devised or bequeathed by 
wills in writing, signed and sealed by him or her in whom 
the estate may be, (being of full age,) and attested by 
three witnesses ; and real estates may be conveyed by 
lease and release, or bargain and sale, signed, sealed, and 
delivered by the person, being of full age, in whom the 
estate may be, and attested by two witnesses, provided 
such wills be duly proved, and such conveyances be ac- 
knowledged, or the execution thereof duly proved, and 
be recorded within one year after proper magistrates, 
courts, and registers, shall be appointed for that purpose ; 
and personal property may be transferred by delivery, 
saving, however, to the French and Canadian inhabitants, 
and other settlers of the Kaskaskies, Saint Vincents, and 
the neighboring villages, who have heretofore professed 
themselves citizens of Virginia, their laws and customs 
now in force among them, relative to the descent and 
conveyance of property. 

Sec. 3. Be it ordained by the authority aforesaid, That 
there shall be appointed, from time to time, by Congress, 
a governor, whose commission shall continue in force for 
the term of three years, unless sooner revoked by Con- 
gress ; he shall reside in the district, and have a freehold 
estate therein, in one thousand acres of land, while in the 
exercise of his office. 

Sec. 4. There shall be appointed from time to time, by 
Congress, a secretary, whose commission shall continue 
in force for four years, unless sooner revoked ; he shall re- 
side in the district, and have a freehold estate therein, in 
five hundred acres of land, while in the exercise of his 
office. It shall be his duty to keep and preserve the 
acts and laws passed by the legislature, and the public 



OF AMERICAN HISTORY. 243 

records of the district, and the proceedings of the govern- 
or in his executive department, and transmit authentic 
copies of such acts and proceedings every six months to 
the Secretary of Congress. There shall also be appointed 
a court, to consist of three judges, any two of whom to 
form a court, who shall have a common-law jurisdiction 
and reside in the district, and have each therein a free- 
hold estate, in five hundred acres of land, while in the 
exercise of their offices ; and their commissions shall con- 
tinue in force during good behavior. 

Sec. 5. The governor and judges, or a majority of 
them, shall adopt and publish in the district such laws 
of the original States, criminal and civil, as may be nec- 
essary, and best suited to the circumstances of the dis- 
trict, and report them to Congress from time to time, 
which laws shall be in force in the district until the 
organization of the general assembly therein, unless dis- 
approved of by Congress ; but afterwards the legislature 
shall have authority to alter them as they shall think fit. 

SEC. 6. The governor, for the time being, shall be com- 
mander-in-chief of the militia, appoint and commission 
all officers in the same below the rank of general offi- 
cers ; all general officers shall be appointed and commis- 
sioned by Congress. 

Sec. 7. Previous to the organization of the general 
assembly the governor shall appoint such magistrates, 
and other civil officers, in each county or township, as he 
shall find necessary for the preservation of the peace and 
good order in the same. After the general assembly 
shall be organized the powers and duties of magistrates 
and other civil officers shall be regulated and defined by 
the said assembly ; but all magistrates and other civil 
officers, not herein otherwise directed, shall, during the 
continuance of this temporary government, be appointed 
by the governor. 

Sec. 8. For the prevention of crimes, and injuries, the 
laws to be adopted or made shall have force in all parts 



244 



DOCUMENTS ILLUSTRATIVE 



of the district, and for the execution of process, criminal 
and civil, the governor shall make proper divisions 
thereof ; and he shall proceed, from time to time, as cir- 
cumstances may require, to lay out the parts of the dis- 
trict in which the Indian titles shall have been extin- 
guished, into counties and townships, subject, however, 
to such alterations as may thereafter be made by the 
legislature. 

Sec. 9. So soon as there shall be five thousand free 
male inhabitants, of full age, in the district, upon giving 
proof thereof to the governor, they shall receive author- 
ity, with time and place, to elect representatives from 
their counties or townships, to represent them in the 
general assembly : Provided, That for every five hundred 
free male inhabitants there shall be one representative, 
and so on, progressively, with the number of free male 
inhabitants, shall the right of representation increase, un- 
til the number of representatives shall amount to twenty- 
five ; after which the number and proportion of repre- 
sentatives shall be regulated by the legislature ; Pro- 
vided, That no person be eligible or qualified to act as a 
representative, unless he shall have been a citizen of one 
of the United States three years, and be a resident in 
the district, or unless he shall have resided in the district 
three years ; and, in either case, shall likewise hold in 
his own right, in fee-simple, two hundred acres of land 
within the same : Provided also, That a freehold in fifty 
acres of land in the district, having been a citizen of one 
of the States, and being resident in the district, or the 
like freehold and two years' residence in the district, 
shall be necessary to qualify a man as an elector of a 
representative. 

SEC. 10. The representatives thus elected shall serve 
for the term of two years ; and in case of the death of a 
representative, or removal from office, the governor shall 
issue a writ to the county or township, for which he was 



OF AMERICAN HISTORY. 



245 



a member, to elect another in his stead, to serve for the 
residue of the term. 

Sec. 11. The general assembly, or legislature, shall 
consist of the governor, legislative council, and a house 
of representatives. The legislative council shall consist 
of five members, to continue in office five years, unless 
ooner removed by Congress ; any three of whom to be 
a quorum ; and the members of the council shall be 
nominated and appointed in the following manner, to 
wit : As soon as representatives shall be elected the gov- 
ernor shall appoint a time and place for them to meet 
together, and when met they shall nominate ten persons, 
resident in the district, and each possessed of a freehold 
in five hundred acres of land, and return their names to 
Congress, five of whom Congress shall appoint and com- 
mission to serve as aforesaid ; and whenever a vacancy 
shall happen in the council, by death or removal from 
office, the house of representatives shall nominate two 
persons, qualified as aforesaid, for each vacancy, and re- 
turn their names to Congress, one of whom Congress 
shall appoint and commission for the residue of the 
term ; and every five years, four months at least before 
the expiration of the time of service of the members of 
the council, the said house shall nominate ten persons, 
qualified as aforesaid, and return their names to Con- 
gress, five of whom Congress shall appoint and commis- 
sion to serve as members of the council five years, unless 
sooner removed. And the governor, legislative council, 
and house of representatives shall have authority to 
make laws in all cases for the good government of the 
district, not repugnant to the principles and articles in 
this ordinance established and declared. And all bills, 
having passed by a majority in the house, and by a 
majority in the council, shall be referred to the governor 
for his assent ; but no bill, or legislative act whatever, 
shall be of any force without his assent. The governor 
shall have power to convene, prorogue, and dissolve the 



246 DOCUMENTS ILL USTRA TIVE 

general assembly when, in his opinion, it shall be expe- 
dient. 

SEC. 12. The governor, judges, legislative council, 
secretary, and such other officers as Congress shall ap- 
point in the district, shall take an oath or affirmation of 
fidelity, and of office ; the governor before the President 
of Congress, and all other officers before the governor. 
As soon as a legislature shall be formed in the district, 
the council and house assembled, in one room, shall have 
authority, by joint ballot, to elect a delegate to Con- 
gress, who shall have a seat in Congress, with a right of 
debating, but not of voting, during this temporary gov- 
ernment. 

SEC. 13. And for extending the fundamental princi- 
ples of civil and religious liberty, which form the basis 
whereon these republics, their laws and constitutions, are 
erected ; to fix and establish those principles as the basis 
of all laws, constitutions, and governments, which for- 
ever hereafter shall be formed in the said territory ; to 
provide, also, for the establishment of States, and per- 
manent government therein, and for their admission to a 
share in the Federal councils on an equal footing with 
the original States, at as early periods as may be consist- 
ent with the general interest : 

SEC. 14. It is hereby ordained and declared, by the 
authority aforesaid, that the following articles shall be 
considered as articles of compact, between the original 
States and the people and States in the said territory, 
and forever remain unalterable, unless by common con- 
sent, to wit : 

ARTICLE I. 

No person, demeaning himself in a peaceable and 
orderly manner, shall ever be molested on account of his 
mode of worship, or religious sentiments, in the said 
territory. 



OF AMERICAN BIS TOR Y. 247 

ARTICLE II. 

The inhabitants of the said territory shall always be 
entitled to the benefits of the writs of habeas corpus, and 
of the trial by jury ; of a proportionate representation of 
the people in the legislature, and of judicial proceedings 
according to the course of the common law. All persons 
shall be bailable, unless for capital offences, where the 
proof shall be evident, or the presumption great. All 
fines shall be moderate ; and no cruel or unusual punish- 
ments shall be inflicted. No man shall be deprived of 
his liberty or property, but by the judgment of his peers, 
or the law of the land, and should the public exigencies 
make it necessary, for the common preservation, to take 
any person's property, or to demand his particular ser- 
vices, full compensation shall be made for the same. 
And, in the just preservation of rights and property, it 
is understood and declared, that no law ought ever to be 
made or have force in the said territory, that shall, in 
any manner whatever, interfere with or affect private 
contracts, or engagements, bona fide, and without fraud 
previously formed. 

ARTICLE III. 

Religion, morality, and knowledge being necessary to 
good government and the happiness of mankind, schools 
and the means of education shall forever be encouraged. 
The utmost good faith shall always be observed towards 
the Indians ; their lands and property shall never be 
taken from them without their consent ; and in their 
property, rights, and liberty they never shall be invaded 
or disturbed, unless in just and lawful wars authorized by 
Congress ; but laws founded in justice and humanity 
shall, from time to time, be made, for preventing wrongs 
being done to them, and for preserving peace and friend- 
ship with them. 



248 



DOCUMENTS ILLUSTRATIVE 



ARTICLE IV. 



\ 



The said territory, and the States which may be 
formed therein, shall forever remain a part of this con- 
federacy of the United States of America, subject to the 
articles of Confederation, and to such alterations therein 
as shall be constitutionally made ; and to all the acts 
and ordinances of the United States in Congress assem- 
bled, conformable thereto. The inhabitants and settlers 
in the said territory shall be subject to pay a part of the 
Federal debts, contracted, or to be contracted, and a 
proportional part of the expenses of government to be 
apportioned on them by Congress, according to the same 
common rule and measure by which apportionments 
thereof shall be made on the other States ; and the 
taxes for paying their proportion shall be laid and levied 
by the authority and direction of the legislatures of the 
district, or districts, or new States, as in the original 
States, within the time agreed upon by the United 
States in Congress assembled. The legislatures of those 
districts, or new States, shall never interfere with the 
primary disposal of the soil by the United States in Con- 
gress assembled, nor with any regulations Congress may 
find necessary for securing the title in such soil to the 
bona-fidc purchasers. No tax shall be imposed on lands 
the property of the United States ; and in no case shall 
non-resident proprietors be taxed higher than residents. 
The navigable waters leading into the Mississippi and 
Saint Lawrence, and the carrying places between the 
same, shall be common highways, and forever free, as 
well to the inhabitants of the said territory as to the 
citizens of the United States, and those of any other 
States that may be admitted into the confederacy, with- 
out any tax, impost, or duty therefor. 



OF AMERICAN HISTOR Y. 249 

ARTICLE V. 

There shall be formed in the said territory not less 
than three nor more than five States ; and the bounda- 
ries of the States, as soon as Virginia shall alter her act 
of cession and consent to the same, shall become fixed 
and established as follows, to wit : The western State, in 
the said territory, shall be bounded by the Mississippi, 
the Ohio, and the Wabash Rivers ; a direct line drawn 
fronuthe Wabash and Post Vincents, due north, to the 
territorial line between the United States and Canada ; 
and by the said territorial line to the Lake of the Woods 
and Mississippi. The middle State shall be bounded by 
the said direct line, the Wabash from Post Vincents to 
the Ohio, by the Ohio, by a direct line drawn due north 
from the mouth of the Great Miami to the said territo- 
rial line, and by the said territorial line. The eastern 
State shall be bounded by the last-mentioned direct line, 
the Ohio, Pennsylvania, and the said territorial line : 
Provided, however, And it is further understood and de- 
clared, that the boundaries of these three States shall be 
subject so far to be altered, that, if Congress shall here- 
after find it expedient, they shall have authority to form 
one or two States in that part of the said territory which 
lies north of an east and west line drawn through the 
southerly bend or extreme of Lake Michigan. And 
whenever any of the said States shall have sixty thou- 
sand free inhabitants therein, such State shall be admitted 
by its delegates, into the Congress of the United States, 
on an equal footing with the original States, in all re- 
spects whatever ; and shall be at liberty to form a per- 
manent constitution and State government : Provided, 
The constitution and government, so to be formed, shall 
be republican, and in conformity to the principles con- 
tained in these articles, and, so far as it can be consistent 
with the general interest of the confederacy, such admis- 
sion shall be allowed at an earlier period, and when there 



250 



DOCUMENTS ILLUSTRATIVE 



may be a less number of free inhabitants in the State 
than sixty thousand. 

ARTICLE VI. 

There shall be neither slavery nor involuntary servi- 
tude in the said territory, otherwise than in the punish- 
ment of crimes, whereof the party shall have been duly 
convicted : Provided always, That any person escaping 
into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive 
may be lawfully reclaimed, and conveyed to the person 
claiming his or her labor or service as aforesaid. 

Be it ordained by the authority aforesaid, That the res- 
olutions of the 23d of April, 1784, relative to the subject 
of this ordinance, be, and the same are hereby, repealed, 
and declared null and void. 

Done by the United States, in Congress assembled, 
the 13th day of July, in the year of our Lord 1787, and 
of their sovereignty and independence the twelfth. 



OF AMERICAN HISTORY. 



251 



CONSTITUTION OF THE UNITED 
STATES. 

At the close of the revolution it was evident 
that the Articles of Confederation were not suited 
to the exigencies of the nation. Suggestions of a 
convention to revise the Articles came from vari- 
ous quarters, but led to no result till the Virginia 
Legislature, in January, 1786, appointed commis- 
sioners to meet such as might be appointed by- 
other states " to take into consideration the trade 
of the United States ; to examine the relative sit- 
uations and trade of the said states ; to consider 
how far a uniform system in their commercial reg- 
ulations may be necessary to their common inter- 
est and their permanent harmony ; and to report to 
the several states such an act relative to this great 
object as, when unanimously ratified by them, will 
enable the United States in Congress assembled 
effectually to provide for the same." Accordingly 
twelve commissioners from the five states of New 
York, New Jersey, Pennsylvania, Delaware and 
Virginia met at Annapolis, September 11, 1786, 
and, after a short session, adjourned, recommending 
that a full convention of delegates from all the 
states be held at Philadelphia, May 2d next, to 
mature plans for adapting the federal government 
" to the exigency of the union." The Congress 
of the Confederation, Feb. 21, 1787, recommended 



252 



DOCUMENTS ILLUSTRATIVE 



to the several states that a convention be held 
at Philadelphia " for the sole and express purpose 
of revising the Articles of Confederation, and re- 
porting to Congress and the several legislatures, 
such alterations and provisions therein as shall, 
when agreed to in Congress and confirmed by the 
States, render the Federal Constitution adequate 
to the exigencies of Government and the preserva- 
tion of the union." How closely the convention 
followed these instructions is well known. 

The convention, consisting of fifty delegates, 
from twelve states (all but Rhode Island), met at 
Philadelphia, May 14, 1787, and sat with closed 
doors till September 17, 1787, when Washington 
transmitted, as the result of their labors, the Con- 
stitution to Congress. 

Congress transmitted the Constitution to the 
several legislatures, and, September^, 1788, eleven 
states having ratified it, passed resolutions provid- 
ing for the choosing of electors for President and 
Vice-President. 

The dates of the ratification of the Constitution 
by the several states are as follows : — Delaware 
December 7, 1787; Pennsylvania, December 12 
1787; New Jersey, December 18, 1787; Georgia 
January 2, 1788; Connecticut, January 9, 1788 
Massachusetts, February 6, 1788; Maryland 
April 28, 1788; South Carolina, May 23, 1788 
New Hampshire, June 21, 1788; Virginia, June 
26, 1788 ; New York, July 26, 1788 ; North Caro- 
lina, November 21, 1789; Rhode Island, May 29, 
1790. 



OF AMERICAN HISTORY. 



253 



Consult Bancroft's Hist, of the Constitution; 
Bancroft's U. S., last ed., vol. VI. ; Story's Com- 
mentary on the Constitution, especially vol. I., book 
III., chaps, i. and ii. ; Hildreth's U. S., III., 482 ; 
Bryant and Gay's U. S., vol. IV., Curtis' Hist. 
Constitution ; Frothingham' s Rise of the Republie, 
589; Towle's Constitution; Elliott's Debates; 
Schouler's U. S. y I., 36-78 McMaster's, U. S., 
I-, 43 

CONSTITUTION OF THE UNITED STATES— 

1787. 

We the People of the United States, in Order to form 
a more perfect Union, establish Justice, insure domes- 
tic Tranquillity, provide for the common defence, pro- 
mote the general Welfare, and secure the Blessings of 
Liberty to ourselves and our Posterity, do ordain and 
establish this CONSTITUTION for the United States of 
America. 

ARTICLE I. 

SECTION i. All legislative Powers herein granted shall 
be vested in a Congress of the United States, which 
shall consist of a Senate and House of Representatives. 

SECTION 2. The House of Representatives shall be 
composed of Members chosen every second Year by the 
People of the several States, and the Electors in each 
State shall have the Qualifications requisite for Electors 
of the most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not 
have attained to the Age of twenty-five Years, and been 
seven Years a Citizen of the United States, and who 
shall not, when elected, be an Inhabitant of that State 
in which he shall be chosen. 



254 



DOCUMENTS ILLUSTRATIVE 



Representatives and direct Taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective Numbers, 
which shall be determined by adding to the whole Num- 
ber of Free persons, including those bound to Service 
for a Term of Years, and excluding Indians not taxed, 
three fifths of all other Persons. The actual Enumera- 
tion shall be made within three Years after the first 
Meeting of the Congress of the United States, and with- 
in every subsequent Term of ten Years, in such Manner 
as they shall by Law direct. The Number of Represent- 
atives shall not exceed one for every thirty Thousand, 
but each State shall have at Least one Representative ; 
and until such enumeration shall be made, the State of 
New Hampshire shall be entitled to chuse three, Massa- 
chusetts eight, Rhode Island and Providence Planta- 
tions one, Connecticut five, New York six, New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, 
Virginia ten, North Carolina five, South Carolina five, 
and Georgia three. 

When vacancies happen in the Representation from 
any State, the Executive Authority thereof shall issue 
Writs of Election to fill such Vacancies. 

The House of Representatives shall chuse their 
Speaker and other Officers ; and shall have the sole 
Power of Impeachment. 

Section 3. The Senate of the United States shall be 
composed of two Senators from each State, chosen by 
the Legislature thereof, for six Years; and each Senator 
shall have one Vote. 

Immediately after they shall be assembled in Conse- 
quence of the first Election, they shall be divided as 
equally as may be into three Classes. The seats of the 
Senators of the first Class shall be vacated at the Expira- 
tion of the second Year, of the second Class at the Expi- 
ration of the fourth Year, and of the third Class at the 
Expiration of the sixth Year, so that one-third may be 



OF AMERICAN HISTORY. 



255 



chosen every second Year ; and if Vacancies happen by- 
Resignation, or otherwise, during the Recess of the 
Legislature of any State, the Executive thereof may 
make temporary Appointments until the next Meeting 
of the Legislature, which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have at- 
tained to the Age of thirty Years, and been nine Years 
a Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State for which he 
shall be chosen. 

The Vice President of the United States shall be 
President of the Senate, but shall have no Vote, unless 
they be equally divided. 

The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice Presi- 
dent, or when he shall exercise the Office of President of 
the United States. 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on 
Oath or Affirmation. When the President of the United 
States is tried, the Chief Justice shall preside : and no 
Person shall be convicted without the Concurrence of 
two thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend 
further than to removal from Office, and disqualification 
to hold and enjoy any Office of honor, Trust or Profit 
under the United States : but the Party convicted shall 
nevertheless be liable and subject to Indictment, Trial, 
Judgment and Punishment, according to Law. 

SECTION 4. The Times, Places and manner of holding 
Elections for Senators and Representatives, shall be 
prescribed in each State by the Legislature thereof ; but 
the Congress may at any time by Law make or alter 
such Regulations, except as to the Places of chusing 
Senators. 

The Congress shall assemble at least once in every 
Year, and such Meeting shall be on the first Monday in 



256 



DOCUMENTS ILLUSTRATIVE 



December, unless they shall by Law appoint a different 
Day. 

SECTION 5. Each House shall be the Judge of the 
Elections, Returns and Qualifications of its own Mem- 
bers, and a Majority of each shall constitute a Quorum 
to do Business ; but a smaller Number may adjourn 
from day to day, and may be authorized to compel the 
Attendance of absent Members, in such Manner, and 
under such Penalties as each House may provide. 

Each House may determine the Rules of its Proceed- 
ings, punish its Members for disorderly Behaviour, and, 
with the Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, 
and from time to time publish the same, excepting such 
Parts as may in their Judgment require Secrecy; and 
the Yeas and Nays of the Members of either House on 
any question shall, at the Desire of one fifth of those 
present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than 
three days, nor to any other Place than that in which 
the two Houses shall be sitting. 

SECTION 6. The Senators and Representatives shall 
receive a Compensation for their services, to be ascer- 
tained by Law, and paid out of the Treasury of the 
United States. They shall in all Cases, except Treason, 
Felony and Breach of the Peace, be privileged from 
Arrest during their Attendance at the Session of their 
respective Houses, and in going to and returning from 
the same ; and for any Speech or Debate in either 
House, they shall not be questioned in any other Place. 

No Senator or Representative shall, during the Time 
for which he was elected, be appointed to any civil 
Office under the Authority of the United States, which 
shall have been created, or the Emoluments whereof 
shall have been encreased during such time ; and no 
Person holding any Office under the United States, shall 



OF AMERICAN HIS TOR Y. 2 K7 

be a Member of either House during his Continuance in 
Office. 

Section 7. All bills for raising Revenue shall origi- 
nate in the House of Representatives ; but the Senate 
may propose or concur with Amendments as on other 
Bills. 

Every Bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a Law, be presented to the President of the United 
States ; if he approve he shall sign it, but if not he shall 
return it, with his Objections to that House in which it 
shall have originated, who shall enter the Objections at 
large on their Journal, and proceed to reconsider it. If 
after such Reconsideration two thirds of that House 
shall agree to pass the Bill, it shall be sent, together with 
the Objections, to the other House, by which it shall 
likewise be reconsidered, and if approved by two thirds 
of that House, it shall become a Law. But in all such 
Cases the Votes of both Houses shall be determined by 
yeas and Nays, and the Names of the Persons voting for 
and against the Bill shall be entered on the Journal of 
each House respectively. If any Bill shall not be re- 
turned by the President within ten Days (Sundays ex- 
cepted) after it shall have been presented to him, the 
Same shall be a Law, in like Manner as if he had signed 
it, unless the Congress by their Adjournment prevent its 
Return, in which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of Adjourn- 
ment) shall be presented to the President of the United 
States; and before the Same shall take Effect, shall be 
approved by him, or being disapproved by him, shall be 
repassed by two thirds of the Senate and House of 
Representatives, according to the Rules and Limitations 
prescribed in the Case of a Bill. 

Section 8. The Congress shall have Power to lay and 
17 



258 



DOCUMENTS ILLUSTRATIVE 



collect Taxes, Duties, Imposts and Excises, to pay the 
Debts and provide for the common Defence and general 
Welfare of the United States ; but all Duties, Imposts 
and Excises shall be uniform throughout the United 
States ; 

To borrow Money on the credit of the United States ; 

To regulate Commerce with foreign Nations, and 
among the several States, and with the Indian Tribes ; 

To establish an uniform Rule of Naturalization, and 
uniform Laws on the subject of Bankruptcies through- 
out the United States ; 

To coin Money, regulate the Value thereof, and of 
foreign Coin, and fix the Standard of Weights and Meas- 
ures ; 

To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States ; 

To establish Post Offices and post Roads ; 

To promote the Progress of Science and useful Arts, 
by securing for limited Times to Authors and Inventors 
the exclusive Right to their respective Writings and Dis- 
coveries ; 

To constitute Tribunals inferior to the supreme Court ; 

To define and punish Piracies and Felonies committed 
on the high Seas, and Offences against the Law of Na- 
tions ; 

To declare War, grant Letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and 
Water ; 

To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two 
Years ; 

To provide and maintain a Navy ; 

To make Rules for the Government and Regulation of 
the land and naval Forces ; 

To provide for calling forth the Militia to execute the 
Laws of the Union, suppress Insurrections and repel In- 
vasions ; 



OF AMERICAN HIS TOR Y. 2 $g 

To provide for organizing, arming, and disciplining 
the Militia, and for governing such Part of them as may- 
be employed in the Service of the United States, reserv- 
ing to the States respectively, the Appointment of the 
Officers, and the Authority of training the Militia accord- 
ing to the discipline prescribed by Congress ; 

To exercise exclusive Legislation in all Cases whatso- 
ever, over such District (not exceeding ten Miles square) 
as may, by Cession of particular States, and the Accept- 
ance of Congress, become the Seat of the Government of 
the United States, and to exercise like Authority over 
all Places purchased by the Consent of the Legislature 
of the State in which the Same shall be, for the Erection 
of Forts, Magazines, Arsenals, dock-Yards, and other 
needful Buildings; — And 

To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and 
all other Powers vested by this Constitution in the Gov- 
ernment of the United States, or in any Department or 
Officer thereof. 

Section 9. The Migration or Importation of such 
Persons as any of the States now existing shall think 
proper to admit, shall not be prohibited by the Congress 
prior to the Year one thousand eight hundred and eight, 
but a Tax or duty may be imposed on such Importation, 
not exceeding ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not 
be suspended, unless when in Cases of Rebellion or In- 
vasion the public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be 
passed. 

No Capitation, or other direct, tax shall be laid, unless 
in Proportion to the Census or Enumeration herein be- 
fore directed to be taken. 

No Tax or Duty shall be laid on Articles exported 
from any State. 

No Preference shall be given by any Regulation of 



2 5q DOCUMENTS ILL USTRA TIVE 

Commerce or Revenue to the Ports of one State over 
those of another : nor shall Vessels bound to, or from, 
one State, be obliged to enter, clear, or pay Duties in 
another. 

No Money shall be drawn from the Treasury, but in 
Consequence of Appropriations made by Law ; and a 
regular Statement and Account of the Receipts and Ex- 
penditures of all public Money shall be published from 
time to time. 

No Title of Nobility shall be granted by the United 
States : And no Person holding any Office of Profit or 
Trust under them, shall, without the Consent of the Con- 
gress, accept of any present, Emolument, Office, or Title, 
of any kind whatever, from any King, Prince, or foreign 
State. 

Section io. No State shall enter into any Treaty, 
Alliance, or Confederation ; grant Letters of Marque and 
Reprisal ; coin Money ; emit Bills of Credit ; make any 
Thing but gold and silver Coin a Tender in Payment of 
Debts ; pass any Bill of Attainder, ex post facto Law, or 
Law impairing the Obligation of Contracts, or grant any 
Title of Nobility. 

No State shall, without the Consent of the Congress, 
lay any Imposts or Duties on Imports or Exports, ex- 
cept what may be absolutely necessary for executing it's 
inspection Laws : and the net Produce of all Duties and 
Imposts, laid by any State on Imports or Exports, shall 
be for the Use of the Treasury of the United States ; and 
all such Laws shall be subject to the Revision and Con- 
troul of the Congress. 

No State shall, without the Consent of Congress, lay 
any Duty of Tonnage, keep Troops, or Ships of War in 
time of Peace, enter into any Agreement or Compact 
with another State, or with a foreign Power, or engage in 
War, unless actually invaded, or in such imminent 
Danger as will not admit of delay. 



OF AMERICAN HISTOR Y. 2 6 1 

ARTICLE II. 

SECTION i. The executive Power shall be vested in a 
President of the United States of America. He shall 
hold his Office during the Term of four Years, and, to- 
gether with the Vice President, chosen for the same 
Term, be elected, as follows 

Each State shall appoint, in such Manner as the Legis- 
lature thereof may direct, a Number of Electors, equal 
to the whole Number of Senators and Representatives 
to which the State may be entitled in the Congress : but 
no Senator or Representative, or Person holding an 
Office of Trust or Profit under the United States, shall be 
appointed an Elector. 

The electors shall meet in their respective Stated, and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same State with themselves. 
And they shall make a list of all the persons voted for, 
and of the number of votes for each ; which list they 
shall sign and certify, and transmit sealed to the seat of 
the Government of the United States, directed to the 
President of the Senate. The President of the Senate 
shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest num- 
ber of votes shall be the President, if such number be a 
majority of the whole number of electors appointed ; and 
if there be more than one who have such majority, and 
have an equal number of votes, then the House of Rep- 
resentatives shall immediately chuse by ballot one of 
them for President ; and if no person have a majority, 
then from the five highest on the list the said House 
shall in like manner chuse the President. But in chusing 
the President, the votes shall be taken by States, the 
representation from each State having one vote ; a quo- 
rum for this purpose shall consist of a member or mem- 
bers from two-thirds of the States, and a majority of all 



2 £ 2 DOCUMENTS ILL USTRA TIVE 

the States shall be necessary to a choice. In every case, 
after the choice of the President, the person having the 
greatest number of votes* of the electors shall be the 
Vice President. But if there should remain two or more 
who have equal votes, the Senate shall chuse from them 
by ballot the Vice-President. 

The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their 
Votes ; which Day shall be the same throughout the 
United States. 

No person except a natural born Citizen, or a Citizen 
of the United States, at the time of the Adoption of this 
Constitution, shall be eligible to the Office of President ; 
neither shall any Person be eligible to that office who 
shall not have attained to the Age of thirty five Years, 
and been fourteen Years a Resident within the United 
States. 

In Case of the Removal of the President from Office, 
or of his Death, Resignation or Inability to discharge the 
Powers and Duties of the said Office, the Same shall de- 
volve on the Vice President, and the Congress may by 
Law provide for the Case of Removal, Death, Resigna- 
tion or Inability, both of the President and Vice Presi- 
dent, declaring what Officer shall then act as President, 
and such Officer shall act accordingly, until the Disability 
be removed, or a President shall be elected. 

The President shall, at stated Times, receive for his 
Services, a Compensation, which shall neither be en- 
creased nor diminished during the Period for which he 
shall have been elected, and he shall not receive within 
that Period any other Emolument from the United 
States, or any of them. 

Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — " I do solemnly 
swear (or affirm) that I will faithfully execute the Office 
of President of the United States, and will to the best of 



OF AMERICAN HISTORY. 



263 



my Ability, preserve, protect and defend the Constitu- 
tion of the United States." 

Section 2. The President shall be Commander in 
Chief of the Army and Navy of the United States, and 
of the Militia of the several States, when called into the 
actual Service of the United States ; he may require the 
Opinion, in writing, of the principal Officer in each of the 
executive Departments, upon any Subject relating to the 
Duties of their respective Offices, and he shall have 
Power to grant Reprieves and Pardons for Offences 
against the United States, except in Cases of Impeach- 
ment. 

He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two thirds 
of the Senators present concur ; and he shall nominate, 
and by and with the Advice and Consent of the Senate, 
shall appoint Ambassadors, other public Ministers and 
Consuls, Judges of the supreme Court, and all other Offi- 
cers of the United States, whose Appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by Law : but the Congress may by Law vest the 
Appointment of such inferior Officers, as they think 
proper, in the President alone, in the Courts of Law, or 
in the Heads of Departments. 

The President shall have Power to fill up all Vacancies 
that may happen during the recess of the Senate, by 
granting Commissions which shall expire at the End of 
their next Session. 

SECTION 3. He shall from time to time give to the 
Congress Information of the state of the Union, and 
recommend to their Consideration such Measures as he 
shall judge necessary and expedient ; he may, on extra- 
ordinary Occasions, convene both Houses, or either of 
them, and, in Case of Disagreement between them, with 
Respect to the Time of Adjournment, he may adjourn 
them to such Time as he shall think proper ; he shall 
receive Ambassadors and other public Ministers ; he 



264 



DOCUMENTS ILLUSTRATIVE 



shall take Care that the Laws be faithfully executed, and 
shall Commission all the Officers of the United States. 
SECTION 4. The President, Vice President and all civil 
Officers of the United States, shall be removed from 
Office on Impeachment for, and Conviction of, Treason, 
Bribery, or other high Crimes and Misdemeanors. 

ARTICLE III. 

SECTION i. The judicial Power of the United States, 
shall be vested in one supreme Court, and in such infe- 
rior Courts as the Congress may from time to time ordain 
and establish. The Judges, both of the supreme and 
inferior Courts, shall hold their Offices during good 
Behaviour, and shall, at stated Times, receive for their 
Services, a Compensation, which shall not be diminished 
during their Continuance in Office. 

Section 2. The judicial Power shall extend to all 
Cases, in Law and Equity, arising under this Constitu- 
tion, the Laws of the United States, and Treaties made, 
or which shall be made, under their Authority ; — to all 
Cases affecting Ambassadors, other public Ministers and 
Consuls ; — to all Cases of admiralty and maritime Juris- 
diction ; — to Controversies to which the United States 
shall be a Party ; — to Controversies between two or more 
States ; — between a State and Citizens of another State ; 
— between Citizens of different States, — between Citizens 
of the same State claiming Lands under Grants of differ- 
ent States, and between a State, or the Citizens thereof, 
and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Min- 
isters and Consuls, .and those in which a State shall be 
Party, the supreme Court shall have original Jurisdiction. 
In all the other Cases before mentioned, the supreme 
Court shall have appellate Jurisdiction, both as to Law 
and Fact, with such Exceptions, and under such Regula- 
tions as the Congress shall make. 



OF AMERICAN HISTORY 



265 



The Trial of all Crimes, except in Cases of Impeach- 
ment, shall be by Jury ; and such Trial shall be held in 
the State where the said Crimes shall have been com- 
mitted ; but when not committed within any State, the 
Trial shall be at such Place or Places as the Congress 
may by Law have directed. 

Section 3. Treason against the United States, shall 
consist only in levying War against them, or in adhering 
to their Enemies, giving them Aid and Comfort. No 
Person shall be convicted of Treason unless on the Tes- 
timony of two Witnesses to the same overt Act, or on 
Confession in open Court. 

The Congress shall have Power to declare the Punish- 
ment of Treason, but no Attainder of Treason shall work 
Corruption of Blood, or Forfeiture except during the 
Life of the Person attainted. 

ARTICLE IV. 

SECTION i. Full Faith and Credit shall be given in 
each State to the public Acts, Records, and judicial Pro- 
ceedings of every other State. And the Congress may 
by general Laws prescribe the Manner in which such 
Acts, Records and Proceedings shall be proved, and the 
Effect thereof. 

Section 2. The Citizens of each State shall be en- 
titled to all Privileges and immunities of Citizens in 
the several States. 

A person charged in any State with Treason, Felony, 
or other Crime, who shall flee from Justice, and be found 
in another State, shall on Demand of the executive 
Authority of the State from which he fled, be delivered 
up to be removed to the State having Jurisdiction of the 
Crime. 

No Person held to Service or Labour in one State, 
under the Laws thereof, escaping into another, shall, in 
Consequence of any Law or Regulation therein, be dis- 



266 DOCUMENTS ILL USTRA TIVE 

charged from such Service or Labour, but shall be deliv- 
ered up on Claim of the Party to whom such Service or 
Labour may be due. 

Section 3. New States may be admitted by the Con- 
gress into this Union ; but no new State shall be formed 
or erected within the Jurisdiction of any other State ; 
nor any State be formed by the Junction of two or more 
States, or Parts of States, without the Consent of the 
Legislatures of the States concerned as well as of the 
Congress. 

The Congress shall have Power to dispose of and make 
all needful Rules and Regulations respecting the Terri- 
tory or other Property belonging to the United States ; 
and nothing in this Constitution shall be so construed as 
to Prejudice any Claims of the United States, or of any 
particular State. 

Section 4. The United States shall guarantee to 
every State in this Union a Republican Form of Govern- 
ment, and shall protect each of them against Invasion ; 
and on Application of the Legislature, or of the Execu- 
tive (when the Legislature cannot be convened) against 
domestic Violence. 

ARTICLE V. 

The Congress, whenever two thirds of both Houses 
shall deem it necessary, shall propose Amendments to 
this Constitution, or, on the Application of the Legisla- 
tures of two thirds of the several States, shall call a 
Convention for proposing Amendments, which, in either 
Case, shall be valid to all Intents and Purposes, as Part 
of this Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conventions in 
three fourths thereof, as the one or the other Mode of 
Ratification may be proposed by the Congress ; Provided 
that no Amendment which may be made prior to the 
Year One thousand eight hundred and eight shall in any 



OF AMERICAN HISTORY. 



267 



Manner affect the first and fourth Clauses in the Ninth 
Section of the first Article ; and that no State, without 
its Consent, shall be deprived of its equal Suffrage in the 
Senate. 

ARTICLE VI. 

All Debts contracted and Engagements entered into, 
before the Adoption of this Constitution, shall be as 
valid against the United States under this Constitution, 
as under the Confederation. 

This Constitution, and the Laws of the United States 
which shall be made in Pursuance thereof ; and all 
Treaties made, or which shall be made, under the 
Authority of the United States, shall be the supreme 
Law of the Land ; and the Judges in every State shall 
be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, 
and the Members of the several State Legislatures, and 
all executive and judicial Officers, both of the United 
States and of the several States, shall be bound by Oath 
or Affirmation, to support this Constitution ; but no 
religious Test shall ever be required as a Qualification to 
any Office or public Trust under the United States. 

ARTICLE VII. 

The ratification of the Conventions of nine States, 
shall be sufficient for the Establishment of this Constitu- 
tion between the States so ratifying the Same. 

DONE in Convention by the Unanimous Consent of the 
States present the Seventeenth Day of September in 
the Year of our Lord one thousand seven hundred and 
Eighty seven, and of the Independance of the United 



2 68 DOCUMENTS ILLUSTRATIVE 

States of America the Twelfth. In witness whereof 
We have hereunto subscribed our Names, 

G°: WASHINGTON— 
Prcsidt., and Deputy from Virginia. 

New Hampshire. 
John Langdon, Nicholas Gilman. 

Massaclmsctts. 
Nathaniel Gorham, Rufus King. 

Connecticut. 
Wm. Saml. Johnson, Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil : Livingston, Wm. Paterson, 

David Brearley, Jona. Dayton. 

Pennsylvania. 
B. Franklin, Thos. Fitzsimons, 

Thomas Mifflin, Jared Ingersoll, 

Robt. Morris, James Wilson, 

Geo. Clymer, Gouv. Morris. 

Delaware. 
Geo. Read, Richard Bassett, 

Gunning Bedford, Jun., Jaco : Broom. 

John Dickinson, 

Maryland. 
James McHenry, Dan. Carroll. 

Dan. Jenifer, of St. Thomas, 

Virginia. 
John Blair, James Madison, Jr. 

North Carolina. 
Wm. Blount, Hugh Williamson. 

Rich'd Dobbs Speight, 

South Carolina. 
J. Rutledge, Charles Pinckney, 

Charles Cotesworth Pinckney, Pierce Butler. 



OF AMERICAN HISTORY. 2 6o 

Georgia. 
William Few, Abr. Baldwin. 

Attest : WILLIAM JACKSON, Secretary. 

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE 
CONSTITUTION OF THE UNITED STATES OF AMERICA, 
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEG- 
ISLATURES OF THE SEVERAL STATES PURSUANT TO 
THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION. 

[ARTICLE I.]* 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; 
or abridging the freedom of speech, or of the press ; or 
the right of the people peaceably to assemble, and to 
petition the Government for a redress of grievances. 

[ARTICLE II.] 

A well regulated Militia, being necessary to the secur- 
ity of a free State, the right of the people to keep and 
bear Arms, shall not be infringed. 

[ARTICLE III.] 

No Soldier shall, in time of peace, be quartered in any 
house, without the consent of the Owner, nor in time of 
war, but in a manner to be prescribed by law. 

[ARTICLE IV.] 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 

* The first ten amendments to the Constitution of the United States 
were proposed to the legislatures of the several States by the First Con- 
gress, on the 25th September, 1789. 



2/0 



DOCUMENTS ILLUSTRATIVE 



and seizures, shall not be violated, and no Warrants shall 
issue, but upon probable cause, supported by Oath or 
affirmation, and particularly describing the place to be 
searched, and the persons or things to be seized. 

[ARTICLE V.] 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or in- 
dictment of a Grand Jury, except in cases arising in the 
land or naval forces, or in the Militia, when in actual 
service in time of War or public danger ; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb ; nor shall be compelled in any 
Criminal Case to be a witness against himself, nor be de- . 
prived of life, liberty, or property, without due process 
of law ; nor shall private property be taken for public 
use, without just compensation. 

[ARTICLE VI.] 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be confronted 
with the witnesses against him ; to have compulsory 
process for obtaining witnesses in his favor, and to have 
the Assistance of Counsel for his defence. 

[ARTICLE VII.] 

In suits at common law, where the value in Controversy 
shall exceed twenty dollars, the right of trial by jury 
shall be preserved, and no fact tried by a jury shall be 
otherwise re-examined in any Court of the United States, 
than according to the rules of the common law. 



OF AMERICAN HISTORY. 



[ARTICLE VIIL] 



271 



Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

[ARTICLE IX.] 

The enumeration in the Constitution, of certain rights, 
shall not be construed to deny or disparage others re- 
tained by the people. 

[ARTICLE X.] 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States respectively, or to the people. 

[ARTICLE XI.]* 

The Judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States 
by Citizens of another State, or by Citizens or Subjects 
of any Foreign State. 

[ARTICLE XII.]f 

The Electors shall meet in their respective States, and 
vote by ballot for President and Vice-President, one of 

*The eleventh amendment to the Constitution of the United States was 
proposed to the legislatures of the several States by the Third Congress, on 
the 5th of September, 1794 ; and was declared in a message from the Presi- 
dent to Congress, dated the 8th of January, 1798, to have been ratified by 
the legislatures of three-fourths of the States. [Poore.] 

t The twelfth amendment to the Constitution of the United States was 
proposed to the legislatures of the several States by the Eighth Congress, 
on the 12th of December, 1803, in lieu of the third paragraph of the first 
section of the third article ; and was declared in a proclamation of the 
Secretary of State, dated the 25th of September, 1804, to have been ratified 
by the legislatures of three-fourths of the States. [Poore.] 



272 



DOCUMENTS ILLUSTRATIVE 



whom, at least, shall not be an inhabitant of the same 
State with themselves ; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice-President, and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall sign and 
certify, and transmit sealed to the seat of the Government 
of the United States, directed to the President of the 
Senate ; — The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open 
all the certificates and the votes shall then be counted ; — 
The person having the greatest number of votes for 
President, shall be the President, if such number be a 
majority of the whole number of Electors appointed ; and 
if no person have such majority, then from the persons 
having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Repre- 
sentatives shall choose immediately, by ballot, the Pres- 
ident. But in choosing the President, the votes shall be 
taken by states, the representation from each state hav- 
ing one vote ; a quorum for this purpose shall consist of 
a member or members from two thirds of the states, and 
a majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of 
the President. The person having the greatest number 
of votes as Vice-president, shall be the Vice-President, if 
such number be a majority of the whole number of 
Electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate 
shall choose the Vice-President ; a quorum for the pur- 
pose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be 



OF AMERICAN HISTORY. 



273- 



necessary to a choice. But no person constitutionally 
ineligible to the office of President shall be eligible to that 
of Vice-President of the United States. 

[ARTICLE XIII.]* 

SECTION i. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 

[ARTICLE XIV.] f 

SECTION i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 

* The thirteenth amendment to the Constitution of the United States was 
proposed to the legislatures of the several States by the Thirty-eighth Con- 
gress, on the first of February, 1865 ; and was declared, in a proclamation 
of the Secretary of State, dated the 18th of December, 1865, to have 
been ratified by the legislatures of twenty-seven of the thirty-six States viz. : 
Illinois, Rhode Island, Michigan, Maryland, New York, West Virginia, 
Maine, Kansas, Massachusetts, Pennsylvania, Virginia, Ohio, Missouri, Ne- 
vada, Indiana, Louisiana, Minnesota, Wisconsin, Vermont, Tennessee, Ar- 
kansas, Connecticut, New Hampshire, South Carolina, Alabama, North 
Carolina, and Georgia. [Poore.] 

t The fourteenth amendment to the Constitution of the United States was 
proposed to the legislatures of the several States by the Thirty-ninth Con- 
gress, on the 16th of June, 1866. On the 21st of July, 1868, Congress 
adopted and transmitted to the Department of State a concurrent resolution, 
declaring that " the legislatures of the States of Connecticut, Tennessee, 
New Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, 
Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, New Hampshire, 
Massachusetts, Nebraska, Iowa, Arkansas, Florida, North Carolina, Ala- 
bama, South Carolina, and Louisiana, being three-fourths and more of the 
several States of the Union, have ratified the fourteenth article of amend- 
ment to the Constitution of the United States, duly proposed by two-thirds 
of each House of the Thirty-ninth Congress : Therefore, Resolved, That 
said fourteenth article is hereby declared to be a part of the Constitution of 
the United States, and it shall be duly promulgated as such by the Secretary 
of State." [Poore.] 
18 



2 y, DOCUMENTS ILL USTKA TIVE 

citizens of the United States and of the State wherein 
they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citi- 
zens of the United States ; nor shall any State deprive 
any person of life, liberty, or property, without due pro- 
cess of law ; nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Section 2. Representatives shall be apportioned 
among the several States according to their respective 
numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for Pres- 
ident and Vice President of the United States, Represent- 
atives in Congress, the Executive and Judicial officers 
of a State, or the members of the Legislature thereof, is 
denied to any of the male inhabitants of such State, be- 
ing twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation 
therein shall be reduced in the proportion which the num- 
ber of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

SECTION 3. No person shall be a Senator or Represent- 
ative in Congress, or elector of President and Vice-Pres- 
ident, or hold any office, civil, or military, under the 
United States, or under any State, who, having previously 
taken an oath, as a member of Congress, or as an officer 
of the United States, or as a member of any State Legis- 
lature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof. 
But Congress may by a vote of two-thirds of each House, 
remove such disability. 

SECTION 4. The validity of the public debt of the 
United States, authorized by law, including debts in- 
curred for payment of pensions and bounties for services 



OF AMERICAN HISTOR Y. 2 7$ 

in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any State 
shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or 
any claim for the loss or emancipation of any slave ; but 
all such debts, obligations and claims shall be held illegal 
and void. 

Section 5. The Congress shall have power to enforce, 
by appropriate legislation, the provisions of this article. 

[ARTICLE XV.]* 

SECTION i. The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or pre- 
vious condition of servitude. 

Section 2. The Congress shall have power to enforce 
this article by appropriate legislation. 

ARTICLES IN ADDITION TO, AND AMEND- 
MENT OF, THE CONSTITUTION OF THE 
UNITED STATES, PROPOSED BY CONGRESS, 
BUT NOT RATIFIED BY THE LEGISLA- 
TURES OF THE SEVERAL STATES, PUR- 
SUANT TO THE FIFTH ARTICLE OF THE 
ORIGINAL CONSTITUTION. 

PROPOSED BY THE FIRST CONGRESS, FIRST SESSION, 
MARCH 4, 1789. 

Article I. After the first enumeration required by 
the first article of the Constitution, there shall be one 
Representative for every thirty thousand, until the nura- 

* The fifteenth amendment to the Constitution of the United States was 
proposed to the legislatures of the several States by the Fortieth Congress, 
on the 27th of February, 1S69, and was declared, in a proclamation of the 
Secretary of State, dated March 30, 1870, to have been ratified by the legis- 
latures of twenty-nine of the thirty-seven States. [Poore.] 



276 



DOCUMENTS ILLUSTRATIVE 



ber shall amount to one hundred, after which, the pro- 
portion shall be so regulated by Congress, that there 
shall be not less than one hundred Representatives, nor 
less than one Representative for every forty thousand 
persons, until the number of Representatives shall 
amount to two hundred, after which the proportion shall 
be so regulated by Congress, that there shall not be less 
than two hundred Representatives, nor more than one 
Representative for every fifty thousand persons. 

Art. II. No law, varying the compensation for the 
services of the Senators and Representatives, shall take 
effect, until an election of Representatives shall have in- 
tervened. 

PROPOSED BY THE ELEVENTH CONGRESS, SECOND SES- 
SION, NOVEMBER 27, 1809. 

If any citizen of the United States shall accept, claim, 
receive or retain any title of nobility or honor, or shall, 
without the consent of Congress, accept and retain any 
present, pension, office or emolument of any kind what- 
ever, from any emperor, king, prince, or foreign power, 
such person shall cease to be a citizen of the United 
States, and shall be incapable of holding any office of 
trust or profit under them, or either of them. 

PROPOSED BY THE THIRTY-SIXTH CONGRESS, SECOND 
SESSION, MARCH 2, l86l. 

Article XIII. No amendment shall be made to the 
Constitution which will authorize or give to Congress the 
power to abolish or interfere, within any State, with the 
domestic institutions thereof, including that of persons 
held to labor or service by the laws of said State. 



OF AMERICAN HISTORY. 2 1J 



ALIEN AND SEDITION LAWS— 1798. 

During the French excitement the Federalists 
pushed through Congress two acts which proved 
the ruin of their party. The Alien Act of June 25, 
1 795, "which stands without a parallel in Ameri- 
can legislation," was followed, July 6, by a second 
act directed against " Alien Enemies." The Alien 
Act passed the house by a close vote of 46 to 40. 
The Sedition Act of July 14, 1798, passed the 
house by a still closer vote of 44 to 41. Five 
years before (1792) England had passed an alien 
act followed by other acts of similar tenor. 

The first prosecution under the Sedition Act 
was peculiar. Matthew Lyon, M.C., from Ver- 
mont, was tried, convicted and sentenced to four 
months' imprisonment and $1000 fine. In 1840, 
long after Lyon's death, Congress restored to his 
heirs the fine paid, with the accrued interest. 

The opposition to these acts formulated itself in 
numerous petitions from all sections, north as well 
as south, and finally in the Virginia and Kentucky 
Revolutions. 

Consult Schouler's U. S., I., 393 ; Stevens' Al- 
bert Gallatin, 156; Von Hoist's Cons. Hist. U.S., 
I., 142; Bryant and Gay's U. S., IV., 129; 
McMastcr's U. S, II., 393; Hildreth's U. S, V., 
216 and 225; Gibbs' Washington and Adams, II., 
73; Hamilton s Republic, VII., 156, 276, 341. 



278 



DOCUMENTS ILLUSTRATIVE 



AN ACT CONCERNING ALIENS. 



Section i. Be it enacted by the Senate and House of 
Representatives of the United States of America in Congress 
assembled, That it shall be lawful for the President of the 
United States at any time during the continuance of 
this act to order all such aliens as he shall judge danger- 
ous to the peace and safety of the United States, or 
shall have reasonable grounds to suspect are concerned in 
any treasonable or secret machinations against the gov- 
ernment thereof, to depart out of the territory of the 
United States, within such time as shall be expressed in 
such order, which order shall be served on such alien by 
delivering him a copy thereof, or leaving the same at 
his usual abode, and returned to the office of the Secre- 
tary of State, by the marshal or other person to whom 
the same shall be directed. And in case any alien, so 
ordered to depart, shall be found at large within the 
United States after the time limited in such order for his 
departure, and not having obtained a licence from the Pres- 
ident to reside therein, or having obtained such licence 
shall not have conformed thereto, every such alien shall, on 
conviction thereof, be imprisoned for a term not exceed- 
ing three years, and shall never after be admitted to be- 
come a citizen of the United States. Provided always, 
and be it furtlier enacted, that if any alien so ordered to 
depart shall prove to the satisfaction of the President, by 
evidence to be taken before such person or persons as 
the President shall direct, who are for that purpose 
hereby authorized to administer oaths, that no injury or 
danger to the United States will arise from suffering such 
alien to reside therein, the President of the United States 
may grant a licence to such alien to remain within 
the United States for such time as he shall judge 
proper, and at such place as he may designate. And 
the President may also require of such alien to enter 
into a bond to the United States, in such penal sum as 



OF AMERICAN HISTOR Y. 2 7g 

he may direct, with one or more sufficient sureties to the 
satisfaction of the person authorized by the President to 
take the same, conditioned for the good behavior of 
such alien during his residence in the United States, and 
not violating his licence, which licence the President 
may revoke whenever he shall think proper. 

Sec. 2. And be it further enacted, That it shall be law- 
ful for the President of the United States, whenever he 
may deem it necessary for the public safety, to order 
to be removed out of the territory thereof, any alien, 
who may or shall be in prison in pursuance of this act ; 
and to cause to be arrested and sent out of the United 
States such of those aliens as shall have been ordered to 
depart therefrom and shall not have obtained a licence as 
aforesaid, in all cases where, in the opinion of the Presi- 
dent, the public safety requires a speedy removal. And 
if any alien so removed or sent out of the United States 
by the President, shall voluntarily return thereto, unless 
by permission of the President of the United States, such 
alien on conviction thereof, shall be imprisoned so long 
as, in the opinion of the President, the public safety may 
require. 

Sec. 3. And be it further enacted, That every master or 
commander of any ship or vessel which shall come into 
any port of the United States after the first day of July 
next, shall immediately on his arrival make report in 
writing to the collector or other chief officer of the cus- 
toms of such port, of all aliens, if any, on board his ves- 
sel, specifying their names, age, the place of nativity, the 
country from which they shall have come, the nation to 
which they belong and owe allegiance, their occupation 
and a description of their persons, as far as he shall be in- 
formed thereof, and on failure, every such master and 
commander shall forfeit and pay three hundred dollars, 
for the payment whereof on default of such master or 
commander, such vessel shall also be holden, and may 
by such collector or other officer of the customs be de- 



2 go DOCUMENTS ILL USTRA TIVE 

tained. And it shall be the duty of such collector or 
other officer of the customs, forthwith to transmit to the 
office of the department of State true copies of all such 
returns. 

Sec. 4. And be it furtlier enacted, That the circuit and 
district courts of the United States, shall respectively 
have cognizance of all crimes and offences against this 
act. And all marshalls and other officers of the United 
States are required to execute all precepts and orders 
of the President of the United States issued in pursuance 
or by virtue of this act. 

Sec. 5. And be it further enacted, That it shall be law- 
ful for any alien who may be ordered to be removed 
from the United States, by virtue of this act, to take 
with him such part of his goods, chattels, or other prop- 
erty as he may find convenient ; and all property left in 
the United States by any alien, who may be removed, as 
aforesaid, shall be, and remain subject to his order and 
disposal, in the same manner as if this act had not been 
passed. 

SEC. 6. And be it further enacted, That this act shall 
continue and be in force for and during the term of two 
years from the passing thereof. 
Approved June 25, 1798. 

AN ACT IN ADDITION TO THE ACT ENTI- 
TLED "AN ACT FOR THE PUNISHMENT OF 
CERTAIN CRIMES AGAINST THE UNITED 
STATES. 

SECTION i. Be it enacted by the Senate and House of 
Representatives of the United States of America assembled, 
That if any persons shall unlawfully combine or conspire 
together, with intent to oppose any measure or measures 
of the government of the United States, which are or 
shall be directed by proper authority, or to impede the 
operation of any law of the United States, or to intimi- 



OF AMERICAN HIS TOR Y. 2 g j 

date or prevent any person holding a place or office in 
or under the government of the United States, from 
undertaking, performing or executing his trust or duty ; 
and if any person or persons, with intent as aforesaid, 
shall counsel, advise or attempt to procure any insurrec- 
tion, riot, unlawful assembly, or combination, whether 
such conspiracy, threatening, counsel, advice, or attempt 
shall have the proposed effect or not, he or they shall be 
deemed guilty of a high misdemeanor, and on conviction, 
before any court of the United States having jurisdiction 
thereof, shall be punished by a fine not exceeding five 
thousand dollars and by imprisonment during a term 
not less than six months nor exceeding five years ; and 
further at the discretion of the court may be holden to 
find sureties for his good behavior in such sum, and for 
such time, as the said court may direct. 

Sec. 2. And be it further enacted, That if any person 
shall write, print, utter or publish, or shall cause or pro- 
Cure to be written, printed, uttered or published or shall 
knowingly and willingly assist or aid in writing, printing, 
uttering or publishing any false, scandalous and malicious 
writing or writings against the government of the United 
States, or either house of the Congress of the United 
States, or the President of the United States, with in- 
tent to defame the said government, or either house of 
the said Congress, or the said President, or to bring 
them or either of them, into contempt or disrepute; or 
to excite against them, or either, or any of them, the 
hatred of the good people of the United States, or to 
stir up sedition within the United States, or to excite 
any unlawful combinations therein, for opposing or re- 
sisting any law of the United States, or any act of the 
President of the United States, and one in pursuance of 
any such law, or of the powers in him vested by the 
constitution of the United States, or to resist, oppose, 
or defeat any such law or act, or to aid, encourage or 
abet any hostile designs of any foreign nation against 



2 g2 DOCUMENTS ILLUSTRATIVE 

the United States, their people or government, then 
such person, being thereof convicted before any court 
of the United States having jurisdiction thereof, shall 
be punished by a fine not exceeding two thousand 
dollars, and by imprisonment not exceeding two years. 

Sec. 3. And be it further enacted, and declared, That 
if any person shall be prosecuted under this act, for the 
writing or publishing any libel aforesaid, it shall be lawful 
for the defendant, upon the trial of the cause, to give in 
evidence in his defence, the truth of the matter contained 
in the publication charged as a libel. And the jury who 
shall try the cause, shall have a right to determine 
the law and the fact, under the direction of the court, as 
in other cases. 

Sec. 4. And be it furtlicr enacted, That this act 
shall continue and be in force until the third day 
of March, one thousand eight hundred and one, and no 
longer : Provided, that the expiration of the act shall 
not prevent or defeat a prosecution and punishment of 
any offence against the law, during the time it shall be 
in force. 

Approved, July 14, 1798. 



OF AMERICAN HISTORY. 283 



THE VIRGINIA AND KENTUCKY 
RESOLUTIONS. 

The Virginia and Kentucky Resolutions, the 
expression of the opposition to the Alien and 
Sedition laws originated in a conference at Mon- 
ticello between Thos. Jefferson and two brothers, 
Geo. Nicholas, of Kentucky, and Wm. C. Nicholas, 
of Virginia, while Madison may have been present. 
As a result, Jefferson drafted the Kentucky res- 
olutions and Madison, the Virginia. Jefferson's 
resolutions were passed by the Kentucky legis- 
lature November 10, 1798, and Madison's, by the 
Virginia legislature December 21, 1798. These 
resolutions were forwarded to the legislatures of 
the several states and elicited decidedly unfavor- 
able replies from the states north of the Potomac. 
In answer to these replies the Kentucky resolu- 
tions of 1 799 were adopted. 

Jefferson's latest biographer, John T. Morse, 
says the Kentucky Resolutions " remained a 
foundation and sufficient precedent and authority 
for all the subsequent secession doctrines of the 
Eastern states, for the nullification proceedings 
of South Carolina, almost, if not quite, for the Re- 
bellion of 1861." 

The Kentucky legislature somewhat modified 
Jefferson's draft, striking out the nullification 



284 



DOCUMENTS ILLUSTRATIVE 



clause, which, however, appeared in the final res- 
olution in the next year, 1 799. 

Consult Schouler's U. S., I., 423; Bryant and 
Gay's U. S., IV.', 130; Von Hoist's Const. Hist. 
U. S., I., 143 ; Hildreth's U. S., V., 272 ; McMasters 
U.S., II., 419 ; Morse 's Jefferson, 193. The orig- 
inal draft of the Kentucky Resolution is in Jef- 
ferson's Works, IX., 494. The replies of the 
States to the Resolutions, together with Madi- 
son's Report in the replies, are in Elliot 's Debates, 
vol. IV. 

VIRGINIA RESOLUTIONS OF 1798. 

Virginia to wit, 

In the House of Delegates, 

Friday, December 21st, 1798. 

Resolved, that the General Assembly of Virginia doth 
unequivocally express a firm resolution to maintain and 
defend the constitution of the United States, and the 
constitution of this state, against every aggression, either 
foreign or domestic, and that they will support the gov- 
ernment of the United States in all measures, warranted 
by the former. 

That this Assembly most solemnly declares a warm 
attachment to the union of the states, to maintain which, 
it pledges its powers ; and that for this end, it is their 
duty, to watch over and oppose every infraction of those 
principles, which constitute the only basis of that union, 
because a faithful observance of them, can alone secure 
its existence, and the public happiness. 

That this Assembly doth explicitly and peremptorily 
declare, that it views the powers of the Federal Govern- 
ment, as resulting from the compact, to which the states 
are parties ; as limited by the plain sense and intention of 



OF AMERICAN HISTORY. 



285 



the instrument constituting that compact ; as no farther 
valid than they are authorized by the grants enumerated 
in that compact, and that in case of a deliberate, 
palpable and dangerous exercise of other powers not 
granted by the said compact, the states who are parties 
thereto have the right, and are in duty bound, to inter- 
pose for arresting the progress of the evil, and for main- 
taining, within their respective limits, the authorities, 
rights, and liberties appertaining to them. 

That the General Assembly doth also express its deep 
regret, that a spirit has, in sundry instances, been mani- 
fested by the Federal Government, to enlarge its powers 
by forced constructions of the constitutional charter 
which defines them ; and that indications have appeared 
of a design to expound certain general phrases (which 
having been copied from the very limited grant of pow- 
ers in the former articles of confederation were the less 
liable to be misconstrued) so as to destroy the meaning 
and effect of the particular enumeration, which necessarily 
explains and limits the general phrases; and so as to con- 
solidate the states by degrees into one sovereignty, the 
obvious tendency and inevitable consequence of which 
would be, to transform the present republican system of 
the United States, into an absolute, or at best a mixed 
monarchy. 

That the General Assembly doth particularly protest 
against the palpable and alarming infractions of the con- 
stitution, in the two late cases of the " Alien and Sedi- 
tion acts," passed at the last session of Congress ; the first 
of which exercises a power nowhere delegated to the 
Federal Government ; and which by uniting legislative 
and judicial powers, to those of executive, subverts the 
general principles of free government, as well as the par- 
ticular organization and positive provisions of the federal 
constitution: and the other of which acts, exercises in 
like manner a power not delegated by the constitution, 
but on the contrary expressly and positively forbidden by 



2 $6 DOCUMENTS ILL USTRA TIVE 

one of the amendments thereto ; a power which more 
than any other ought to produce universal alarm, be- 
cause it is levelled against that right of freely examining 
public characters and measures, and of free communica- 
tion among the people thereon, which has ever been 
justly deemed, the only effectual guardian of every other 
right. 

That this state having, by its convention which rati- 
fied the federal constitution, expressly declared, " that 
among other essential rights, the liberty of conscience 
and the press cannot be cancelled, abridged, restrained 
or modified by any authority of the United States," and 
from its extreme anxiety to guard these rights from 
every possible attack of sophistry and ambition, having 
with other states recommended an amendment for that 
purpose, which amendment was in due time annexed to 
the constitution, it would mark a reproachful inconsist- 
ency and criminal degeneracy, if an indifference were 
now shewn to the most palpable violation of one of the 
rights thus declared and secured, and to the establish- 
ment of a precedent which may be fatal to the other. 

That the good people of this Commonwealth having 
ever felt and continuing to feel the most sincere affec- 
tion for their brethren of the other states, the truest 
anxiety for establishing and perpetuating the union of 
all, and the most scrupulous fidelity to that constitu- 
tion which is the pledge of mutual friendship, and the 
instrument of mutual happiness : the General Assembly 
doth solemnly appeal to the like dispositions of the other 
states, in confidence that they will concur with this com- 
monwealth in declaring, as it does hereby declare, that 
the acts aforesaid are unconstitutional, and that the 
necessary and proper measures will be taken by each for 
cooperating with this state, in maintaining unimpaired 
the authorities, rights, and liberties, reserved to the states 
respectively, or to the people. 

That the Governor be desired to transmit a copy of the 



OF AMERICAN HISTORY. 



287 



foregoing resolutions to the executive authority of each 
of the other states, with a request, that the same may be 
communicated to the legislature thereof. 

And that a copy be furnished to each of the Senators 
and Representatives representing this state in the 
Congress of the United States. 

Attest, John Stewart, C. H. D. 

1798, December the 24th. 

Agreed to by the Senate. H. Brooke, C. S. 

KENTUCKY RESOLUTIONS OF 1798. 

I. Resolved, that the several states composing the 
United States of America, are not united on the principle 
of unlimited submission to their General Government ; 
but that by compact under the style and title of a Con- 
stitution for the United States and of amendments 
thereto, they constituted a General Government for spe- 
cial purposes, delegated to that Government certain defi- 
nite powers, reserving each state to itself, the residuary 
mass of right to their own self-Government ; and that 
whensoever the General Government assumes undelegated 
powers, its acts are unauthoritative, void, and of no 
force : That to this compact each state acceded as a 
state, and is an integral party, its co-states forming as 
to itself, the other party : That the Government created 
by this compact was not made the exclusive or final 
judge of the extent of the powers delegated to itself ; 

since that would have made its discretion, and not the 
constitution, the measure of its powers ; but that as in 
all other cases of compact among parties having no com- 
mon Judge, each party has an equal right to judge for 
itself, as well of infractions as of the mode and measure 
of redress. 

II. Resolved, that the Constitution of the United States 
having delegated to Congress a power to punish treason, 
counterfeiting the securities and current coin of the 



288 DOCUMENTS ILL USTRA TIVE 

United States, piracies and felonies committed on the 
High Seas, and offences against the laws of nations, and 
no other crimes whatever, and it being true as a general 
principle, and one of the amendments to the Constitution 
having also declared, "that the powers not delegated to 
the United States by the Constitution, nor prohibited by 
it to the states, are reserved to the states respectively, or 
to the people," therefore also the same act of Congress 
passed on the 14th day of July, 1798, and entitled "An 
act in addition to the act entitled an act for the punish- 
ment of certain crimes against the United States;" as 
also the act passed by them on the 27th day of June, 
1798, Entitled "An act to punish frauds committed on 
the Bank of the United States " (and all other their acts 
which assume to create, define, or punish crimes other 
than those enumerated in the constitution) are alto- 
gether void and of no force, and that the power to 
create, define, and punish such other crimes is reserved, 
and of right appertains solely and exclusively to the 
respective states, each within its own Territory. 

III. Resolved, that it is true as a general principle, and 
is also expressly declared by one of the amendments to 
the Constitution that " the powers not delegated to the 
United States by the Constitution, nor prohibited by it 
to the states, are reserved to the states respectively or 
to the people ; " and that no power over the freedom of 
religion, freedom of speech, or freedom of the press 
being delegated to the United States by the Constitu- 
tion, nor prohibited by it to the states, all lawful pow- 
ers respecting the same did of right remain, and were 
reserved to the states, or to the people : That thus was 
manifested their determination to retain to themselves 
the right of judging how far the licentiousness of speech 
and of the press may be abridged without lessening their 
useful freedom, and how far those abuses which cannot 
be separated from their use, should be tolerated rather 
than the use be destroyed ; and thus also they guarded 



OF AMERICAN HISTORY. 



289 



against all abridgement by the United States of the free- 
dom of religious opinions and exercises, and retained to 
themselves the right of protecting the same, as this 
state, by a Law passed on the general demand of its Citi- 
zens, had already protected them from all human re- 
straint or interference : And that in addition to this gen- 
eral principle and express declaration, another and more 
special provision has been made by one of the amend- 
ments to the Constitution which expressly declares, that 
* Congress shall make no laws respecting an Establish- 
ment of religion, or prohibiting the free exercise thereof, 
or abridging the freedom of speech, or of the press," 
thereby guarding in the same sentence, and under the 
same words, the freedom of religion, of speech, and of 
the press, insomuch, that whatever violates either, 
throws down the sanctuary which covers the others, and 
that libels, falsehoods, defamation, equally with heresy 
and false religion, are withheld from the cognizance of 
federal tribunals. That therefore the act of the Con- 
gress of the United States passed on the 14th day of 
July, 1798, entitled "An act in addition to the act for 
the punishment of certain crimes against the United 
States," which does abridge the freedom of the press, is 
not law, but is altogether void and of no effect. 

IV. Resolved, that alien friends are under the jurisdic- 
tion and protection of the laws of the state wherein they 
are ; that no power over them has been delegated to the 
United States, nor prohibited to the individual states 
distinct from their power over citizens; and it being true 
as a general principle, and one of the amendments to the 
Constitution having also declared, that "the powers not 
delegated to the United States by the Constitution, nor 
prohibited to the states are reserved to the states re- 
spectively or to the people," the act of the Congress of 
the United States passed on the 22d day of June, 1798, 
entitled "An act concerning aliens," which assumes 

19 



2q DOCUMENTS ILLUSTRATIVE 

power over alien friends not delegated by the Constitu- 
tion, is not law, but is altogether void and of no force. 

V. Resolved, that in addition to the general principle 
as well as the express declaration, that powers not dele- 
gated are reserved, another and more special provision 
inserted in the Constitution from abundant caution has 
declared, " that the migration or importation of such per- 
sons as any of the states now existing shall think proper 
to admit, shall not be prohibited by the Congress prior 
to the year 1808." That this Commonwealth does admit 
the migration of alien friends described as the subject of 
the said act concerning aliens ; that a provision against 
prohibiting their migration, is a provision against all acts 
equivalent thereto, or it would be nugatory ; that to 
remove them when migrated is equivalent to a prohibi- 
tion of their migration, and is, therefore contrary to the 
said provision of the Constitution, and void. 

VI. Resolved, that the imprisonment of a person under 
the protection of the Laws of this Commonwealth on his 
failure to obey the simple order of the President to de- 
part out of the United States, as is undertaken by the 
said act entitled " An act concerning Aliens," is contrary 
to the Constitution, one amendment to which has pro- 
vided, that " no person shall be deprived of liberty with- 
out due process of law," and that another having pro- 
vided " that in all criminal prosecutions, the accused 
shall enjoy the right to a public trial by an impartial jury, 
to be informed of the nature and cause of the accusation, 
to be confronted with the witnesses against him, to have 
compulsory process for obtaining witnesses in his favour, 
and to have the assistance of counsel for his defence," the 
same act undertaking to authorize the President to re- 
move a person out of the United States who is under 
the protection of the Law, on his own suspicion, without 
accusation, without jury, without public trial, without 
confrontation of the witnesses against him, without hav- 
ing witnesses in his favour, without defence, without 



OF AMERICAN HISTORY. 



29I 



counsel, is contrary to these provisions also of the Con- 
stitution, is therefore not law but utterly void and of no 
force. 

That transferring the power of judging any per- 
son who is under the protection of the laws, from the 
Courts to the President of the United States, as is under- 
taken by the same act concerning Aliens, is against the 
article of the Constitution which provides, that " the 
judicial power of the United States shall be vested in 
the Courts, the Judges of which shall hold their offices 
during good behaviour," and that the said act is void for 
that reason also ; and it is further to be noted, that this 
transfer of Judiciary power is to that magistrate of the 
General Government who already possesses all the Execu- 
tive, and a qualified negative in all the Legislative powers. 

VII. Resolved, that the construction applied by the 
General Government (as is evidenced by sundry of their 
proceedings) to those parts of the Constitution of the 
United States which delegate to Congress a power to lay 
and collect taxes, duties, imposts, and excises ; to pay the 
debts, and provide for the common defence, and general 
welfare of the United States, and to make all laws which 
shall be necessary and proper for carrying into execution 
the powers vested by the Constitution in the Govern- 
ment of the United States, or any department thereof, 
goes to the destruction of all the limits prescribed to 
their power by the Constitution — That words meant by 
that instrument to be subsidiary only to the execution 
of the limited powers, ought not to be so construed as 
themselves to give unlimited powers, nor a part so to be 
taken, as to destroy the whole residue of the instrument : 
That the proceedings of the General Government under 
colour of these articles, will be a fit and necessary subject 
for revisal and correction at a time of greater tranquillity, 
while those specified in the preceding resolutions call for 
immediate redress. 

VIII. Resolved, that the preceding Resolutions be 



2Q2 DOCUMENTS ILLUSTRATIVE 

transmitted to the Senators and Representatives in Con- 
gress from this Commonwealth, who are hereby enjoined 
to present the same to their respective Houses, and to 
use their best endeavours to procure at the next session 
of Congress, a repeal of the aforesaid unconstitutional 
and obnoxious acts. 

IX. Resolved lastly, that the Governor of this Com- 
monwealth be, and is hereby authorized and requested to 
communicate the preceding Resolutions to the Legisla- 
tures of the several States, to assure them that this Com- 
monwealth considers Union for specified National pur- 
poses, and particularly for those specified in their late 
Federal Compact, to be friendly to the peace, happiness, 
and prosperity of all the states : that faithful to that 
compact according to the plain intent and meaning in 
which it was understood and acceded to by the several 
parties, it is sincerely anxious for its preservation : that 
it does also believe, that to take from the states all the 
powers of self government, and transfer them to a gen- 
eral and consolidated Government, without regard to the 
special delegations and reservations solemnly agreed to 
in that compact, is not for the peace, happiness, or pros- 
perity of these states : And that therefore, this Com- 
monwealth is determined, as it doubts not its Co-states 
are, to submit to undelegated & consequently unlim- 
ited powers in no man or body of men on earth : that if 
the acts before specified should stand, these conclusions 
would flow from them ; that the General Government 
may place any act they think proper on the list of crimes 
& punish it themselves, whether enumerated or not 
enumerated by the Constitution as cognizable by them : 
that they may transfer its cognizance to the President or 
any other person, who may himself be the accuser, coun- 
sel, judge, and jury, whose suspicions may be the evi- 
dence, his order the sentence, his officer the executioner, 
and his breast the sole record of the transaction : that a 
very numerous and valuable description of the inhabi- 



OF AMERICAN HIS TOR Y. 2 g , 

tants of these states, being by this precedent reduced as 
outlaws, to the absolute dominion of one man and the bar- 
rier of the Constitution thus swept away from us all, no 
rampart now remains against the passions and the pow- 
ers of a majority of Congress, to protect from a like ex- 
portation or other grievous punishment the minority of 
the same body, the Legislature, Judges, Governors, & 
Counsellors of the states, nor their other peaceable inhab- 
itants who may venture to reclaim the constitutional 
rights & liberties of the state & people, or who for 
other causes, good or bad, may be obnoxious to the 
views or marked by the suspicions of the President, or 
be thought dangerous to his or their elections or other 
interests public or personal: that the friendless alien has 
indeed been selected as the safest subject of a first exper- 
iment : but the citizen will soon follow, or rather has 
already followed ; for already has a Sedition Act marked 
him as its prey : that these and successive acts of the 
same character, unless arrested on the threshold, may 
tend to drive these states into revolution and blood, and 
will furnish new calumnies against Republican Govern- 
ments, and new pretexts for those who wish it to be be- 
lieved, that man cannot be governed but by a rod of 
iron : that it would be a dangerous delusion were a con- 
fidence in the men of our choice to silence our fears for 
the safety of our rights : that confidence is everywhere 
the parent of despotism : free government is founded in 
jealousy and not in confidence ; it is jealousy and not 
confidence which prescribes limited Constitutions to bind 
down those whom we are obliged to trust with power : 
that our Constitution has accordingly fixed the limits to 
which and no further our confidence may go ; and let 
the honest advocate of confidence read the Alien and Se- 
dition Acts, and say if the Constitution has not been wise 
in fixing limits to the Government it created, and 
whether we should be wise in destroying those limits ? 
Let him say what the Government is if it be not a tyr- 



2 9 4 



DOCUMENTS ILLUSTRATIVE 



anny, which the men of our choice have conferred on the 
President, and the President of our choice has assented to 
and accepted over the friendly strangers, to whom the 
mild spirit of our country and its laws had pledged hos- 
pitality and protection: that the men of our choice have 
more respected the bare suspicions of the President than 
the solid rights of innocence, the claims of justification, 
the sacred force of truth, and the forms & substance of 
law and justice. In questions of power then let no more 
be heard of confidence in man, but bind him down from 
mischief by the chains of the Constitution. That this 
Commonwealth does therefore call on its co-States for an 
expression of their sentiments on the acts concerning 
Aliens, and for the punishment of certain crimes herein 
before specified, plainly declaring whether these acts are 
or are not authorized by the Federal Compact ? And it 
doubts not that their sense will be so announced as to 
prove their attachment unaltered to limited Government, 
whether general or particular, and that the rights and 
liberties of their Co-states will be exposed to no dangers 
by remaining embarked on a common bottom with their 
own : That they will concur with this Commonwealth in 
considering the said acts as so palpably against the Con- 
stitution as to amount to an undisguised declaration, 
that the Compact is not meant to be the measure of the 
powers of the General Government, but that it will pro- 
ceed in the exercise over these states of all powers 
whatsoever: That they will view this as seizing the 
rights of the states and consolidating them in the hands 
of the general government with a power assumed to 
bind the states (not merely in cases made federal) but 
in all cases whatsoever, by laws made, not with their 
consent, but by others against their consent : That this 
would be to surrender the form of Government we have 
chosen, and live under one deriving its powers from its 
own will, and not from our authority ; and that the Co- 
states, recurring to their natural right in cases not made 



OF AMERICAN HIS TOR Y. 2 Q 5 

federal, will concur in declaring these acts void and of 
no force, and will each unite with this Commonwealth in 
requesting their repeal at the next session of Congress. 

EDMUND BULLOCK, 5. H. R. 

JOHN CAMPBELL, 5. S. P. T. 

Passed the House of Representatives, Nov. ioth, 1798. 
Attest, THOMAS TODD, C. H. R. 

In Senate, November 13th, 1798, unanimously concur- 
red in, 

Attest, B. THRUSTON, Clk. Sen. 

Approved November 16th, 1798. 

JAMES GARRARD, G. Kl 
By the Governor, 

Harry Toulmin, 

Secretary of State. 

THE KENTUCKY RESOLUTIONS OF 1799. 

House of Representatives, Thursday, Nov. 14, 
1799. 

The house, according to the standing order of the day, 
resolved itself into a committee, of the whole house, on 
the state of the commonwealth, (Mr. Desha in the chair,) 
and, after some time spent therein, the speaker resumed 
the chair, and Mr. Desha reported that the committee had 
taken under consideration sundry resolutions passed by 
several state legislatures, on the subject of the Alien and 
Sedition Laws, and had come to a resolution thereupon, 
which he delivered in at the clerk's table, where it was 
read and unanimously agreed to by the House as fol- 
lows : — 

The representatives of the good people of this com- 
monwealth, in General Assembly convened, having ma- 
turely considered the answers of sundry states in the 
Union to their resolutions, passed the last session, re- 



296 



DOCUMENTS ILLUSTRATIVE 



specting certain unconstitutional laws of Congress, com- 
monly called the Alien and Sedition Laws, would be 
faithless indeed to themselves, and to those they repre- 
sent, were they* silently to acquiesce in the principles and 
doctrines attempted to be maintained in all those answers, 
that of Virginia only accepted. To again enter the field 
of argument, and attempt more fully or forcibly to ex- 
pose the unconstitutionality of those obnoxious laws, 
would, it is apprehended, be as unnecessary as unavailing. 
We cannot, however, but lament that, in the discussion 
of those interesting subjects by sundry of the legislatures 
of our sister states, unfounded suggestions and uncandid 
insinuations, derogatory to the true character and prin- 
ciples of this commonwealth, have been substituted in 
place of fair reasoning and sound argument. Our opin- 
ions of these alarming measures of the general govern- 
ment, together with our reasons for those opinions, were 
detailed with decency and with temper, and submitted 
to the discussion and judgment of our fellow-citizens 
throughout the Union. Whether the like decency and 
temper have been observed in the answers of most of 
those States who have denied or attempted to obviate 
the great truths contained in those resolutions, we have 
now only to submit to a candid world. Faithful to the 
true principles of the federal Union, unconscious of any de- 
signs to disturb the harmony of that Union and anxious 
only to escape the fangs of despotism, the good people 
of this commonwealth are regardless of censure or ca- 
lumniation. Lest, however, the silence of this common- 
wealth should be construed into an acquiescence in the 
doctrines and principles advanced, and attempted to be 
maintained by the said answers or, at least those of our 
fellow-citizens, throughout the Union, who so widely 
differ from us on those important subjects, should be de- 
luded by the expectation that we shall be deterred from 
what we conceive our duty, or shrink from the principles 
contained in those resolutions, — therefore, 



OF AMERICAN HIS TOR V. 2 Q7 

Resolved, That this Commonwealth considers the 
Federal Union upon the terms and for the purposes 
specified in the late compact, conducive to the liberty and 
happiness of the several States : That it does now un- 
equivocally declare its attachment to the Union, and to 
that compact, agreeably to its obvious and real intention, 
and will be among the last to seek its dissolution : That, 
if those who administer the general government be per- 
mitted to transgress the limits fixed by that compact, by 
a total disregard to the special delegations of power 
therein contained, an annihilation of the State govern- 
ments, and the creation, upon their ruins of a general 
consolidated government, will be the inevitable conse- 
quence : That the principle and construction, contended 
for by sundry of the state legislatures, that the general 
government is the exclusive judge of the extent of the 
powers delegated to it, stop not short of despotism — since 
the discretion of those who administer the government, 
and not the Constitution, would be the measure of their 
powers : That the several States who formed that in- 
strument, being sovereign and independent, have the un- 
questionable right to judge of the infraction ; and, That 
a nullification, by those sovereignties of all unautJiorized 
acts done under color of that instrument, is the rightful 
remedy : That this Commonwealth does, under the most 
deliberate reconsideration, declare, that the said Alien 
and Sedition Laws are, in their opinion, palpable viola- 
tions of the said Constitution ; and, however cheerfully 
it may be disposed to surrender its opinion to a majority 
of its sister States, in matters of ordinary or doubtful 
policy, yet, in momentous regulations like the present, 
which so vitally wound the best rights of the citizen, it 
would consider a silent acquiescence as highly criminal : 
That, although this Commonwealth, as a party to the 
Federal compact, will boiv to the laivs of the Union, yet 
it does, at the same time, declare, that it will not now, 
or cer hereafter, cease to oppose, in a constitutional 



298 



DOCUMENTS ILLUSTRATIVE 



manner, every attempt, at what quarter so ever offered, 
to violate that compact : And finally, in order that no 
pretext or arguments may be drawn from a supposed 
acquiescence, on the part of this Commonwealth, in the 
constitutionality of those laws, and be thereby used as 
precedents for similar future violations of the federal 
compact, this Commonwealth does now enter against 
them its solemn Protest. 

Extract, etc. Attest, THOMAS TODD, C. H. R. 

In Senate, Nov. 22, 1799. — Read and concurred in. 

Attest, B. THURSTON, C. 5. 



OF AMERICAN HISTORY. 



299 



ORDINANCE OF NULLIFICATION— 1832. 

The protection tariff of 1828 gave great dissat- 
isfaction to the Southern states, some legislatures 
even pronouncing it unconstitutional. The tariff 
of 1832, though reducing the duties, failed to sat- 
isfy the South while Calhoun's development of the 
doctrine of nullification incited to more decided 
action. Accordingly a state convention assem- 
bling at Charleston, S. C, passed the following or- 
dinance of nullification Nov. 24, 1832, to take ef- 
fect the first of the ensuing February. The con- 
vention merely carried out the principles of the 
Virginia and Kentucky resolutions of 1 798 and 1 799. 
President Jackson promptly issued a proclamation 
against nullification (Dec. 10, 1832), answering the 
arguments of the nullifiers, and asserted his deter- 
mination to maintain the Union. Congress, after 
heated discussion, passed a bill for enforcing the 
tariff ; but all trouble was averted by the passage 
of Clay's Compromise Tariff, providing for a grad- 
ual reduction, of duties till Sep. 30, 1842, after 
which time duties were to be uniformly 20 per cent. 
The bill was signed by the President Mar. 2, 1833, 
and on Mar. 16, South Carolina repealed the nulli- 
fication ordinance. 

By this compromise harmony was restored ; but 
the final settlement of the nullification question 
was merely postponed. 



300 



DOCUMENTS ILLUSTRATIVE 



Consult Bryant and Gay's U. S., IV. ; Von 
Hoist's Cons. Hist. U. S., I., 475 ; Benton's Thirty 
Years' View, I., 297-361 ; Sumner's Jackson, 291 ; 
Von Hoist's Calhoun, 104 ; Par ton's Jackson, III., 

457- 

An ordinance to nullify certain acts of the Congress of 
the United States, purporting to be laws laying duties and 
imposts on the importation of foreign commodities. 

Whereas the Congress of the United States by various 
acts, purporting to be acts laying duties and imposts on 
foreign imports, but in reality intended for the protec- 
tion of domestic manufactures, and the giving of boun- 
ties to classes and individuals engaged in particular 
employments, at the expense and to the injury and 
oppression of other classes and individuals, and by 
wholly exempting from taxation certain foreign commod- 
ities, such as are not produced or manufactured in the 
United States, to afford a pretext for imposing higher 
and excessive duties on articles similar to those intended 
to be protected, hath exceeded its just powers under the 
constitution, which confers on it no authority to afford 
such protection, and hath violated the true meaning and 
intent of the constitution, which provides for equality in 
imposing the burdens of taxation upon the several States 
and portions of the confederacy : And whereas the said 
Congress, exceeding its just power to impose taxes and 
collect revenue for the purpose of effecting and accom- 
plishing the specific objects and purposes which the 
constitution of the United States authorizes it to effect 
and accomplish, hath raised and collected unnecessary 
revenue for objects unauthorized by the constitution. 

We, therefore, the people of the State of South Caro- 
lina, in convention assembled, do declare and ordain, and 
it is hereby declared and ordained, that the several acts 



OF AMERICAN HIS TOE Y. 30 1 

and parts of acts of the Congress of the United States, 
purporting to be laws for the imposing of duties and 
imposts on the importation of foreign commodities, and 
now having actual operation and effect within the United 
States, and, more especially, an act entitled " An act in 
alteration of the several acts imposing duties on imports," 
approved on the nineteenth day of May, one thousand 
eight hundred and twenty-eight, and also an act entitled 
" An act to alter and amend the several acts imposing du- 
ties on imports," approved on the fourteenth day of July, 
one thousand eight hundred and thirty-two, are unau- 
thorized by the constitution of the United States, and 
violate the true meaning and intent thereof and are null, 
void, and no law, nor binding upon this State, its officers 
or citizens ; and all promises, contracts, and obligations, 
made or entered into, or to be made or entered into, 
with purpose to secure the duties imposed by said acts, 
and all judicial proceedings which shall be hereafter had 
in affirmance thereof, are and shall be held utterly null 
and void. 

And it is further ordained, that it shall not be lawful 
for any of the constituted authorities, whether of this 
State or of the United States, to enforce the payment of 
duties imposed by the said acts within the limits of this 
State ; but it shall be the duty of the legislature to 
adopt such measures and pass such acts as may be neces- 
sary to give full effect to this ordinance, and to prevent 
the enforcement and arrest the operation of the said acts 
and parts of acts of the Congress of the United States 
within the limits of this State, from and after the 1st 
day of February next, and the duty of all other consti- 
tuted authorities, and of all persons residing or being 
within the limits of this State, and they are hereby 
required and enjoined to obey and give effect to this 
ordinance, and such acts and measures of the legislature 
as may be passed or adopted in obedience thereto. 

And it is further ordained, that in no case of law or 



302 



DOCUMENTS ILLUSTRATIVE 



equity, decided in the courts of this State, wherein shall 
be drawn in question the authority of this ordinance, or 
the validity of such act or acts of the legislature as may 
be passed for the purpose of giving effect thereto, or the 
validity of the aforesaid acts of Congress, imposing 
duties, shall any appeal be taken or allowed to the 
Supreme Court of the United States, nor shall any copy 
of the record be permitted or allowed for that purpose ; 
and if any such appeal shall be attempted to be taken, 
the courts of this State shall proceed to execute and 
enforce their judgments according to the laws and usages 
of the State, without reference to such attempted appeal, 
and the person or persons attempting to take such 
appeal may be dealt with as for a contempt of the court. 
And it is further ordained, that all persons now hold- 
ing any office of honor, profit, or trust, civil or military, 
under this State (members of the legislature excepted), 
shall, within such time, and in such manner as the legisla- 
ture shall prescribe, take an oath well and truly to obey, 
execute, and enforce this ordinance, and such act or acts 
of the legislature as may be passed in pursuance thereof, 
according to the true intent and meaning of the same ; 
and on the neglect or omission of any such person or 
persons so to do, his or their office or offices shall be 
forthwith vacated, and shall be filled up as if such person 
or persons were dead or had resigned'; and no person 
hereafter elected to any office of honor, profit, or trust, 
civil or military (members of the legislature excepted), 
shall, until the legislature shall otherwise provide and 
direct, enter on the execution of his office, or be in any 
respect competent to discharge the duties thereof until 
he shall, in like manner, have taken a similar oath ; and 
no juror shall be empannelled in any of the courts of this 
State, in any cause in which shall be in question this 
ordinance, or any act of the legislature passed in pursu- 
ance thereof, unless he shall first, in addition to the usual 
oath, have taken an oath that he will well and truly obey, 



OF AMERICAN HISTORY. 



303 



execute, and enforce this ordinance, and such act or acts 
of the legislature as may be passed to carry the same 
into operation and effect, according to the true intent 
and meaning thereof. 

And we, the people of South Carolina, to the end that 
it may be fully understood by the government of the 
United States, and the people of the co-States, that we 
are determined to maintain this our ordinance and dec- 
laration, at every hazard, do further declare that we will 
not submit to the application of force on the part of the 
federal government, to reduce this State to obedience ; 
but that we will consider the passage, by Congress, of 
any act authorizing the employment of a military or 
naval force against the State of South Carolina, her con- 
stitutional authorities or citizens ; or any act abolishing 
or closing the ports of this State, or any of them, or 
otherwise obstructing the free ingress and egress of ves- 
sels to and from the said ports, or any other act on the 
part of the federal government, to coerce the State, shut 
up her ports, destroy or harass her commerce, or to 
enforce the acts hereby declared to be null and void, 
otherwise than through the civil tribunals of the country, 
as inconsistent with the longer continuance of South 
Carolina in the Union ; and that the people of this State 
will henceforth hold themselves absolved from all further 
obligation to maintain or preserve their political connec- 
tion with the people of the other States ; and will forth- 
with proceed to organize a separate government, and do 
all other acts and things which sovereign and independ- 
ent States may of right do. 

Done in convention at Columbia, the twenty-fourth 
day of November, in the year of our Lord one thousand 
eight hundred and thirty-two, and in the fifty-seventh 
year of the declaration of the independence of the United 
States of America. 



3 04 DOCUMENTS ILLUSTRATIVE 



ORDINANCE OF SECESSION— 1860. 

On receiving the news of Lincoln's election the 
South Carolina legislature called a convention 
which passed the Ordinance of Secession Decem- 
ber 20,. i860. This was done because, as the South 
Carolina declaration of independence stated : " A 
geographical line had been drawn across the Union, 
and all the states north of that line have united 
in the election of a man to the high office of 
President of the United States, whose opinions 
and purposes are hostile to slavery." Copies of 
this ordinance were forwarded to the other Southern 
states which passed similiar ordinances, as follows : 
Mississippi, January 9, 1861 ; Florida, January 10; 
Alabama, January 1 1 ; Georgia, January 19 ; Louis- 
iana, January 26 ; Texas, February 1. Delegates 
from the seceded states met at Montgomery, Ala- 
bama, February 4, 1 861, and organized a provisional 
government. These states were afterwards joined 
by Virginia, April 1 7 ; Arkansas, May 6 ; and 
North Carolina, May 20. 

Consult Lossing's Civil War, I., 103; Comte de 
Paris' Civil War, I., 122; Greeley 's American 
Conflict, I., 344; Draper's Civil War, I., 514. 



OF AMERICAN HISTORY. g 5 

ORDINANCE OF SECESSION— 1860. 

An ordinance to dissolve the Union between the 
State of South Carolina and other States united with her 
under the compact entitled " The Constitution of the 
United States of America." 

We, the People of the State of South Carolina, in Con- 
vention assembled, do declare and ordain, and it is hereby 
declared and ordained, that the Ordinance adopted by 
us in Convention, on the Twenty-third of May, in the year 
of our Lord one thousand seven hundred and eighty-eight, 
whereby the Constitution of the United States was ratified, 
and also all other Acts and parts of Acts of the General 
Assembly of the State ratifying amendments of the said 
Constitution, are hereby repealed, and the Union now 
subsisting between South Carolina and other States, 
under the name of the United States of America, is here- 
by dissolved. 

In justification of the preceding ordinance was 
issued the following : 

SOUTH CAROLINA DECLARATION OF IN- 
DEPENDENCE. 

The State of South Carolina, having determined to 
resume her separate and equal place among nations, 
deems it due to herself, to the remaining United States 
of America, and to the nations of the world, that she 
should declare the causes which have led to this act. 

In the year 1765, that portion of the British empire em- 
bracing Great Britain, undertook to make laws for the 
government of that portion composed of the thirteen 
American colonies. A struggle for the right of self- 
government ensued, which resulted, on the 4th of July, 
1776, in a declaration by the colonies, "that they are, 
and of right ought to be, free and independent states, 



306 



DOCUMENTS ILLUSTRATIVE 



and that, as free and independent states, they have full 
power to levy war, to conclude peace, contract alliances, 
establish commerce, and do all other acts and things 
which independent states may of right do." 

They further solemnly declared, that whenever any 
" form of government becomes destructive of the ends 
for which it was established, it is the right of that people 
to alter or abolish it, and to institute a new government." 
Deeming the government of Great Britain to have be- 
come destructive of these ends, they declared that the 
colonies " are absolved from all allegiance to the British 
crown, and that all political connection between them 
and the states of Great Britain is and ought to be totally 
dissolved." 

In pursuance of this declaration of independence, each 
of the thirteen states proceeded to exercise its separate 
sovereignty ; adopted for itself a constitution, and ap- 
pointed officers for the administration of government in 
all its departments — legislative, executive, and judicial. 
For purpose of defense, they united their arms and their 
counsels; and, in 1778, they united in a league, known as 
the articles of confederation, whereby they agreed to in- 
trust the administration of their external relations to a com- 
mon agent, known as the Congress of the United States, 
expressly declaring in the first article, " that each state re- 
tains its sovereignty, freedom, and independence, and 
every power, jurisdiction, and right which is not, by this 
confederation, expressly delegated to the United States 
in Congress assembled." 

Under this consideration the war of the Revolution 
was carried on, and on the 3d of September, 1783, the 
contest ended, and a definite treaty was signed by Great 
Britain, in which she acknowledged the independence of 
the colonies in the following terms : 

Article I. His Britannic Majesty acknowledges the 
said United States, viz.: New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantation, Connect!' 



OF AMERICAN HISTORY. ^07 

cut, New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, and 
Georgia, to be free, sovereign, and independent states ; 
that he treats them as such ; and for himself, his heirs, 
and successors, relinquishes all claim to the government, 
proprietary and territorial rights of the same, and every 
part thereof. 

Thus was established the two great principles asserted 
by the colonies, namely, the right of a state to govern 
itself, and the right of a people to abolish a government 
when it becomes destructive of the ends for which it was 
instituted. And concurrent with the establishment of 
these principles was the fact, that each colony became 
and was recognized by the mother country as a free, 
sovereign, and independent state. 

In 1787, deputies were appointed by the states to revise 
the articles of confederation, and on September 17th, 
1787, the deputies recommended for the adoption of the 
states the articles of union known as the constitution of 
the United States. 

The parties to whom the constitution was submitted 
were the several sovereign states ; they were to agree or 
disagree, and when nine of them agreed, the compact 
was to take effect among those concurring ; and the 
general government, as the common agent, was then 
to be invested with their authority. 

If only nine of the thirteen states had concurred, the 
other four would have remained as they then were — sep- 
arate, sovereign states, independent of any of the pro- 
visions of the constitution. In fact, two of the states 
did not accede to the constitution until long after it had 
gone into operation among the other eleven ; and during 
that interval, they exercised the functions of an in- 
dependent nation. 

By this constitution, certain duties were charged on 
the several states, and the exercise of certain of their 
powers not delegated to the United States by the con- 



308 DOCUMENTS ILLUSTRATIVE 

stkution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people. On the 23d 
of May, 1788, South Carolina, by a convention of peo- 
ple, passed an ordinance assenting to this constitution, 
and afterwards altering her own constitution to conform 
herself to the obligation she had undertaken. 

Thus was established, by compact between the states, 
a government with denned objects and powers, limited 
to the express words of the grant, and to so much more 
only as was necessary to execute the power granted. 
The limitations left the whole remaining mass of power 
subject to the clause reserving it to the state or to the 
people, and rendered unnecessary any specification of 
reserved powers. 

We hold that the government thus established is 
subject to the two great principles asserted in the dec- 
laration of independence, and we hold further that the 
mode of its formation subjects it to a third fundamental 
principle, namely — the law of compact. We maintain 
that in every compact between two or more parties, the 
obligation is mutual — that the failure of one of the con- 
tracting parties to perform a material part of the agree- 
ment entirely released the obligation of the other, and 
that, where no arbiter is appointed, each party is re- 
mitted to his own judgment to determine the fact of fail- 
ure with all its consequences. 

In the present case that fact is established with cer- 
tainty. We assert that fifteen of the states have delib- 
erately refused for years past to fulfil their constitu- 
tional obligation, and we refer to their own statutes for 
the proof. 

The constitution of the United States, in its fourth 
article, provides as follows : 

" No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged 
from any service or labor, but shall be delivered up, on 



OF AMERICAN HISTORY. ^qq 

claim of party to whom such service or labor may be 
due." 

This stipulation was so material to the compact that 
without it that compact would not have been made. The 
greater number of the contracting parties held slaves, 
and the state of Virginia had previously declared her 
estimate of its value by making it the condition of cession 
of the territory which now compose the states north of 
the Ohio river. 

The same article of the constitution stipulates also for 
the sedition by the several states of fugitives from justice 
from the other states. 

The general government, as the common agent, passed 
laws to carry into effect these stipulations of the states. 
For many years these laws were executed. But an 
increasing hostility on the part of the northern states 
to the institution of slavery has led to a disregard of 
their obligations, and the laws of the general govern- 
ment have ceased to effect the objects of the constitution. 
The states of Maine, New Hampshire, Vermont, Mas- 
sachusetts, Connecticut, Rhode Island, New York, Penn- 
sylvania, Illinois, Indiana, Ohio, Michigan, Wisconsin, 
and Iowa have enacted laws which either nullify the acts 
of Congress, or render useless any attempt to execute 
them. In many of these states the fugitive is discharged 
from the service of labor claimed, and in none of them 
has the state government complied with the stipulation 
made in the constitution. The state of New Jersey, 
at an early day, passed a law for the rendition of fu- 
gitive slaves in conformity with her constitutional under- 
taking ; but the current of anti-slavery feeling has led her 
more recently to enact laws which render imperative 
the remedies provided by her own law, and by the laws 
of Congress. In the state of New York even the right of 
transit for a slave has been denied by her tribunals, and 
the states of Ohio and Iowa have refused to surrender to 
justice fugitives charged with murder and inciting servile 



3 l o DOCUMENTS ILL USTRA TIVE 

insurrection in the state of Virginia. Thus the constitu- 
tional compact has been deliberately broken and disre- 
garded by the non-slaveholding states, and the conse- 
quence follows that South Carolina is released from its 
obligation. 

The ends for which this constitution was framed are 
declared by itself to be "to form a more perfect union, 
establish justice, insure domestic tranquillity, provide for 
the common defence, protect the general welfare, and se- 
cure the blessings of liberty to ourselves and posterity." 

These ends it endeavored to accomplish by a federal 
government, in which each state was recognized as an 
equal, and had separate control over its own institutions. 
The right of property in slaves was recognized by giving 
to free persons distinct political rights ; by giving them 
the right to represent, and burdening them with direct 
taxes for three-fifths of their slaves ; by authorizing the 
importation of slaves for twenty years, and by stipulating 
for the rendition of fugitives from labor. 

We affirm that these ends for which this government 
was instituted have been defeated, and the government 
itself has been made destructive of them by the action of 
the non-slaveholding state. These states have assumed 
the right of deciding upon the propriety of our domestic 
institutions, and have denied the rights of property estab- 
lished in fifteen of the states and recognized by the con- 
stitution ; they have denounced as sinful the institution 
of slavery ; they have permitted the open establishment 
among them of societies whose avowed object is to dis- 
turb the peace and claim the property of the citizens of 
other states. They have encouraged and assisted thou- 
sands of our slaves to leave their homes, and those who 
remain have been incited by emissaries, books, and pict- 
ures to servile insurrection. 

For twenty-five years this agitation has been steadily 
increasing, until it has now secured to its aid the power 
of the common government. Observing the forms of the 



OF AMERICAN HISTOR Y. ^ 1 1 

constitution, a sectional party has found within that ar- 
ticle establishing the executive department the means of 
subverting the constitution itself. A geographical line 
has been drawn across the Union, and all the states north 
of that line have united in the election of a man to the 
high office of President of the United States, whose opin- 
ions and purposes are hostile to slavery. He is to be en- 
trusted with the administration of the common govern- 
ment, because he has declared that that "government 
cannot endure permanently half slave, half free," and that 
the public mind must rest in the belief that slavery is in 
the course of ultimate extinction. 

This sectional combination for the subversion of the 
constitution has been aided in some of the states by ele- 
vating to citizenship persons who, by the supreme law of 
the land, are incapable of becoming citizens, and their 
votes have been used to inaugurate a new policy hostile 
to the south, and destructive of its peace and safety. 

On the 4th of March next, this party will take posses- 
sion of the government. It has announced that the south 
shall be excluded from the common territory ; that the 
judicial tribunals shall be made sectional, and that a war 
must be waged against slavery until it shall cease through- 
out the United States. 

The guarantees of the constitution will then no longer 
exist ; the equal rights of the states will be lost. The 
slaveholding states will no longer have the power of self- 
government or self-protection, and the federal govern- 
ment will have become their enemies. 

Sectional interest and animosity will deepen the irrita- 
tion, and all hope of remedy is rendered vain by the fact 
that public opinion at the north has invested a great po- 
litical error with the sanctions of a more erroneous relig- 
ious belief. 

We, therefore, the people of South Carolina, by our 
delegates in convention assembled, appealing to the Su- 
preme Judge of the world for the rectitude of our inten- 



312 



DOCUMENTS ILLUSTRATIVE 



tions, have solemnly declared that the union heretofore 
existing between this state and the other states of North 
America is dissolved, and that the state of South Carolina 
has resumed her position among the nations of the world 
as a free, sovereign, and independent state, with full 
power to levy war, conclude peace, contract alliances, es- 
tablish commerce, and to do all other acts and things 
which independent states may, of right, do. 

And, for the support of this declaration, with a firm re- 
liance on the protection of Divine Providence, we mutu- 
ally pledge to each other, our lives, our fortunes, and our 
sacred honor. 



CF AMERICAN HIS TOR V. 3 1 * 



EMANCIPATION PROCLAMATION— 

1863. 

September 22, 1862, after the battle of Antietam, 
President Lincoln issued a proclamation declaring : 
"That on the first day of January, in the year of 
our Lord one thousand eight hundred and sixty- 
three, all persons held as slaves within any state, or 
designated part of a state, the people whereof shall 
then be in rebellion against the United States, shall 
be then, thenceforward, and forever free." Accord- 
ingly, January 1, 1863, the Emancipation Proclama- 
tion was issued, placing the war on its true footing. 
This proclamation was confirmed by the thirteenth 
amendment to the Constitution, adopted Decem- 
ber 18, 1865. 

Consult Wilson 's Rise and Fall of Slave Power 
in America, III., 380; Lossing's Civil War; 
Comte de Paris' Civil War, II., 745; Greeley's 
American Conflict, II., 249; Draper's Civil War, 
II., 607; Arnold's Lincoln, 252. 

EMANCIPATION PROCLAMATION BY ABRA- 
HAM LINCOLN, JANUARY 1, 1863. 

Whereas, On the twenty-second day of September, in 
the year of our Lord one thousand eight hundred and 
sixty-two, a proclamation was issued by the President of 
the United States, containing among other things the 
following, to wit: "That on the first day of January, in 
the year of our Lord one thousand eight hundred and 



3i4 



DOCUMENTS ILLUSTRATIVE 



sixty-three, all persons held as slaves within any state, or 
designated part of the state, the people whereof shall be 
in rebellion against the United States, shall be then, 
thenceforward, and forever free ; and the executive 
government of the United States, including the military 
and naval authority thereof, will recognize and maintain 
the freedom of such persons, and will do no act or acts 
to repress such persons or any of them in any efforts 
they may make for their actual freedom ; that the Execu- 
tive will, on the first day of January aforesaid, by proc- 
lamation, designate the states, and parts of states, if any, 
in which the people thereof, respectively, shall then be 
in rebellion against the United States ; and the fact that 
any state, or the people thereof, shall on that day be in 
good faith represented in the Congress of the United 
States by members chosen thereto at elections wherein a 
majority of the qualified voters of such states shall have 
participated, shall, in the absence of strong countervailing 
testimony, be deemed conclusive evidence that such 
state, and the people thereof, be not then in rebellion 
against the United States." 

Now, therefore, I, Abraham Lincoln, President of the 
United States, by virtue of the power in me vested as 
commander-in-chief of the army and navy of the United 
States in time of actual armed rebellion against the 
authority and government of the United States, and as 
a fit and necessary war-measure for suppressing said re- 
bellion, do, on this first day of January, in the year of our 
Lord one thousand eight hundred and sixty-three, and in 
accordance with my purpose so to do, publicly proclaimed 
for the full period of one hundred days from the day first 
above mentioned, order and designate as the states and 
parts of states, wherein the people thereof, respectively, 
are this day in rebellion against the United States, the 
following, to wit: Arkansas, Texas, Louisiana (except the 
parishes of St. Bernard, Plaquemines, Jefferson, St. John, 
St. Charles, St. James, Ascension, Assumption, Terre- 



OF AMERICAN HISTORY. 



315 



Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans, 
including the city of New Orleans), Mississippi, Alabama, 
Florida, Georgia, South Carolina, North Carolina, and 
Virginia (except the forty-eight counties designated as 
West Virginia, and also the counties of Berkley, Ac- 
comac, Northampton, Elizabeth City, York, Princess 
Anna, and Norfolk, including the cities of Norfolk and 
Portsmouth), and which excepted parts are, for the pres- 
ent, left precisely as if this proclamation.were not issued. 
And by virtue of the power, and for the purpose afore- 
said, I do order and declare, that all persons held as slaves 
within said designated states and parts of states, are and 
henceforward shall be free ; and that the executive gov- 
ernment of the United States, including the military and 
naval authorities thereof, will recognize and maintain the 
freedom of said persons. And I hereby enjoin upon the 
people so declared to be free to abstain from all violence, 
unless in necessary self-defense ; and I recommend to 
them, that in all cases, when allowed, they labor faith- 
fully for reasonable wages. And I further declare and 
make known, that such persons, of suitable condition, 
will be received into the armed service of the United 
States, to garrison forts, positions, stations, and other 
places, and to man vessels of all sorts in said service. 
And upon this act, sincerely believed to be an act of jus- 
tice, warranted by the constitution upon military ne- 
cessity, I invoke the considerate judgment of mankind 
and the gracious favor of Almighty God. 

In testimony whereof I have hereunto set my name, 
and caused the seal of the United States to be affixed. 
Done at the city of Washington this first day of January, 
in the year of our Lord one thousand eight hundred and 
sixty-three, and of the independence of the United States 
the eighty-seventh. 

ABRAHAM LINCOLN. 

By the President : 

William H. Seward, 

Secretary of State. 



REFERENCES. 



Adams (J. Q.), N. E. Confederacy of 1643, Mass. Hist. Soc. Coll. 

Arnold (I. N.), Life of Abraham Lincoln. 

Arnold (S. G.), History of Rhode Island, 2 v. 

Bancroft (George), History of the United States. 

Barry (J. S.), History of Massachusetts, 3 v. 

Benton (T. H.), Thirty Years' View, 2 v. 

Bogman (J. L.), History of Maryland. 

Browne (\V. H), Maryland. (American Commonwealths.) 

Bryant (W. C.) and Gay (S. H.), Popular History of the U. S., 4 v. 

Burnet (Jacob), Notes on Early Settlement of the North-west Territory. 

Chalmers (George), Political Annals. 

" " Revolt of the American Colonies, 2 v. 

Chamberlin (Mellin), Authentification of the Declaration of Independence, 
Mass. Hist. Soc. Proc. 

Cooke (J. E.), Virginia. (American Commonwealths.) 

Curtis (Geo. T.), History of the Formation and Adoption of the Constitu- 
tion of the United States, 2 v. 

Curtis (Geo. T.), The Treaty of Peace and Independence, Harpers' Maga- 
zine, LXVI. 

Davis (J. C. B.), Treaties and Conventions, Senate Ex. Doc. N0.36, Forty. 
First Congress, 3d Session. 

Donaldson (Thomas), The Public Domain, H. Mis. Doc. 45, pt. 4, 47th 
Congress, 2d Session. 

Doyle (J. A.), The English Colonies in America. 

Draper (J. W.), History of the American Civil War, 3 v. 

Elliot (Jonathan), Debates on the Adoption of the Federal Constitution. 

Fiske (John), Political Consequences of Cornwallis' Surrender, Atlantic 
Monthly. 

Frothingham (Richard), Rise of the Republic of the U. S. 

Gibbs (George), Memoirs of the Administrations of Washington and 
Adams, 2 v. 

Greeley (Horace), American Conflict, 2 v. 

Greene (G. W. ), Historical View of the American Revolution. 
" " Short History of Rhode Island. 

Hamilton (J. C), History of the United States, 7 v. 

Hildreth (Richard), History of the United States, 6 v. 

Hoist (H. von), Constitutional History of the United States, 5 v. 
" " John C. Calhoun. (American Statesmen.) 

3 J 7 



3i8 



REFERENCES. 



Jefferson (Thomas), Works, 9 v. 

Lossing (Benson J.), Pictorial History of the Civil War. 

McMaster (John B.), History of the People of the United States, 2 v. 

Morse (J. T.), Thomas Jefferson. (American Statesmen.) 

Neil (E. D.), English Colonization. 

" " Virginia Company. 
Palfrey (J. G.), History of New England, 4 v. 
Paris (Comte de), History of the Civil War in America, 3 v. 
Parton (James), Life of Andrew Jackson. 

Pitkin (Timothy), Political and Civil History of the United States, 2 v. 
Poole (W. F.), Dr. Cutter and the Ordinance of 1787, North American 

Review, v. 122. 
Poore (B. P.), Federal and State Constitution. 
Prince (L. B. ), The Articles of Confederation vs. The Constitution. 
Proud (Robert), History of Pennsylvania. 

Schouler (James), History of the United States under the Constitution, 3 v. 
Stevens (J. A.), Albert Gallatin. (American Statesmen.) 
Story (Joseph), Commentaries on the Constitution, 3 v. 
Sumner (W. G. ), Andrew Jackson. (American Statesmen.) 
Towle (N. C), History and Analysis of the Constitution of the United 

States. 
Webster (Daniel), Works, 6 v. 
Wilson (Henry), History of the Rise and Fall of the Slave Power in 

America, 3 v. 
Wenser (Justin), and others, Memorial History of Boston, 4 v. 



INDEX OF DOCUMENTS. 



Alien Law, 277. 

Articles of Confederation, 218. 

Association of 1774, 199. 

Bill of Rights of Va., 206. 

Charter of Conn., 96; Ga., 148; Md.,62; Mass., 36; Penn., 130; R. L, no; 

Va. 1st, 1 ; Va. 2d, 14; Va. 3d, 22. 
Confederation, Articles of, 218. 

" New England, 85. 

Connecticut, Fundamental Order of, 78. 

" Charter of, 96. 

Constitution of U. S. and Amendments, 251. 

Declaration of Independence U. S., 210. 
S. C, 305. 
" Rights, 1765, 188; 1774, 192. 

Emancipation Proclamation, 313. 

Franklin's Plan of Union, 170. 
Fundamental Orders of Conn., 78. 

Georgia Charter, 148 

Kentucky, Resolutions of 1798, 287; of 1799, 295. 

Maryland Charter, 62. 
Massachusetts Charter, 36. 
Mayflower Compact, 29. 

New England Confederation, 85. 
Non-Importation Agreement, 199. 
North-west Ordinance, 240. 
Nullification Ordinance, 299. 

Ordinance for Virginia, 32. 

" North-west, 240 ; Nullification, 299. 
" of Secession, 304. 

3 J 9 



320 



INDEX OF DOCUMENTS. 



Peace, Treaty of, 232. 

Penn's Plan of Union, 146. 

Pennsylvania Charter, 130. 

Plan of Union, Franklin's, 170 ; Penn's, 146. 

Resolution, Kentucky, 1798, 287; 1799, 295; Virginia, 283. 

Rhode Island Charter, no. 

Rights, Bill of, Virginia, 206; Declaration of 1765, 188; 1774, 192. 

Secession, Ordinance of, 304. 

Sedition Law, 280. 

South Carolina, Declaration of Independence, 305. 

Treaty of Peace, 232. 

Union, Franklin's Plan of, 170; Penn's Plan of, 146. 

Virginia, First Charter, 1 ; Second, 14; Third, 22; Ordinance for, 32; Bill 
of Rights of, 206 ; Resolution of, 283. 



Illustrations of History, and Examples of Oratory. 

AMERICAN ORATIONS, from the Colonial Period to the 
Present Time. — Selected as specimens of Eloquence, and with special 
reference to their value in throwing light upon the more important epochs 
and issues of American History. Edited, with introductions and notes, by 
Alexander Johnston, Professor of Jurisprudence and Political Economy 
in the College of New Jersey. Three volumes, i6mo. Uniform with 
" Prose Masterpieces." $3.75. 

Contents. — Colonialism : Henry, Hamilton, Washington. Constitu- 
tional Government : Ames, Nicholas. Rise of Democracy : Jefferson, Nott, 
Randolph, Quincy, Clay. Rise of Nationality : Calhoun, Hayne, Webster. 
Anti-Slavery Struggle : Phillips, Calhoun, Webster, Clay. Abolition Move- 
ment : Phillips. Kansas-Nebraska Bill : Chase, Sumner, Douglas. Crime 
against Kansas : Sumner ; Preston S. Brooks' Reply to Sumner. Defence 
of Massachusetts : Burlingame. On Debates in Congress : Clingman. Lin- 
coln 07i his Nomination ; Douglas in reply. Breckenridge and Seward on 
Slavery. Secession : Crittenden, Iverson, Toombs, Hale, Stevens, Cox. 
Civil War and Reconstruction : Lincoln, Davis (Jefferson), Stevens, Doug- 
las, Vallandigham, Schurz, Beecher, Lincoln (second inaugural address), 
Davis (H. W.), Pendleton, Sherman, Stevens, Garfield, Blackburn, Hay- 
good. Trotectiou and Free Trade : Clay, Hurd. 

"The idea, the plan, and the execution of the work are admirable." — 
Boston Advertiser. 

"The best method, in our judgment, to acquire a truly fine style either 
for the pen or the platform is by reading and re-reading the best specimens 
of English ; and for the orator, whether at the bar, on the platform, or in 
the pulpit, a careful reading of these volumes will be an admirable educa- 
tion." — Christian Union, New York. 

BRITISH ORATIONS.— A selection of the more important and 
representative Political Addresses of the past two centuries. Edited, with 
introductions and notes, by Charles K. Adams, Professor of History in 
the University of Michigan. Three vols., l6mo. Uniform with "American. 
Orations." $3.75. 

Contents. — Eliot (Sir John), Pym, Chatham, Mansfield, Burke, Pitt, 
Fox, Mackintosh, Erskine, Canning, Macaulay, Cobden, Bright, Beacons- 
field, Gladstone. 

" Carefully selected specimens of oratorical eloquence The 

volumes contain a rich store of instructive, no less entertaining material." — 
Advertiser, Boston. 

"Show the great currents of political thoughts that have done much to 
shape the history of Great Britain." — N. E. Journal of Education, Boston. 

" Not only of interest to the student of oratory, but to all who would 
trace the rise and progress of free political institutions." — Transcript, Port- 
land. 

G. P. PUTNAM'S SONS, 

27 and 29 West 23d Street - - New York and London,. 



PUBLICATIONS OF G. P. PUTNAM'S SONS. 

A History of American Literature. By Moses Coit Tyler, Pro- 
fessor of English Literature in the University of Michigan. Volumes 
I and II, comprising the period, 1607-1765. Large 8vo, about 700 
pages, handsomely bound in cloth, extra, gilt top, $6.00 ; half calf, 
extra, . . . $11 00 

The History of American Literature, now offered to the public, is the first at- 
tempt ever made to give a systematic and critical account of the literary development 
of the American people. It is not a mere cyclopaedia of literature, or a series ot de- 
tached biographical sketches accompanied by literary extracts: but an analytic and 
sustained narrative of our literary history from the earliest English settlement in 
America down to the present time. The work is the result of original and independent 
studies prosecuted by the author for the past ten years, and gives an altogether new 
analysis of American literary forces and results during nearly three centuries. The 
present two volumes — a complete work in themselves — cover the whole field of uui 
history during the colonial time. 

" An important national work." — Neva York Tribune. 

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has displayed the qualities of a true literary artist in giving form, color and perspective 
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